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IN THE COURT OF APPEALS OF TENNESSEE WESTERN SECTION AT JACKSON

CITY OF ADAMSVILLE, Appellee, vs. BRIAN K. CASS, Appellant.

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McNairy County Circuit No. 618

Appeal No. 02A01-9606-CV-00141

FILED
Dec. 20, 1996
Cecil Crowson, Jr.
Appellate Court Clerk

APPEAL FROM THE McNAIRY COUNTY CIRCUIT COURT AT SELMER, TENNESSEE

THE HONORABLE JOE H. WALKER, JUDGE

For the Appellant: Brian K. Cass, Pro Se Savannah, Tennessee

For the Appellee: Charles W. Burson Christina S. Shevalier Nashville, Tennessee

AFFIRMED

PER CURIAM

OPINION Appellant Brian K. Cass ("Cass") appeals his conviction for violation of several city ordinances. We affirm. In the early morning hours of January 30, 1994, Officer Johnnie Williams, an officer of the City of Adamsville Police Department, observed a vehicle traveling at 52 miles per hour ("mph") in a 30 mph zone. It is undisputed that Cass was the driver of the speeding car. The officer engaged the blue lights on the patrol car and pursued Cass's vehicle. In response, Cass drove out of town at a fast rate of speed. After traveling approximately one and one-half miles, Cass stopped the car. Upon approaching Cass's vehicle, Officer Williams smelled alcohol on Cass and asked him to step out of the vehicle. In the vehicle, the officer found an open can of beer. Officer Williams issued Cass citations for failing to yield to blue lights and for having an open container of an alcoholic beverage in his vehicle, in violation of the ordinances of the City of Adamsville.1 The matter was tried in the municipal court for the City of Adamsville, and Cass was found to have violated the ordinances. Cass sought a de novo appeal to the circuit court of McNairy County, Tennessee. After a bench trial, the circuit court sustained Cass's conviction for failure to yield to blue lights and fined him $60 plus court costs. The circuit court also sustained Cass's conviction for having an open container of an alcoholic beverage in his vehicle and fined him $10 plus court costs. Cass appealed this matter to the Tennessee Court of Criminal Appeals. Under Rule 17 of theTennessee Rules of Appellate Procedure, the Court of Criminal Appeals transferred the appeal to this Court by Order entered June 17, 1996. Section 16-5-108(a)(1) of the Tennessee Code Annotated limits the jurisdiction of the Court of Criminal Appeals to review of the final judgments of trial courts in felony and misdemeanor criminal cases. Tenn. Code Ann.

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