State of Tennessee, Appellant v. Kenneth Eugene Troutman, Appellee

Summary

The Tennessee Supreme Court affirmed the trial judge's DUI sentences, holding that Tenn. Code Ann. §§ 40‑35‑209 and 210(f) do not apply to misdemeanor DUI sentencing and that trial courts need not make specific factual findings on the record when fixing the confinement percentage for such offenses. Justice Birch filed a concurring opinion agreeing with the affirmation but arguing that § 40‑35‑209(c) should apply to both felony and misdemeanor sentencing.