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IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT KNOXVILLE
Assigned on Briefs November 28, 2001 STATE OF TENNESSEE v. CHARLES WILBURN TAYLOR
Direct Appeal from the Criminal Court for Roane County No. 11539 E. Eugene Eblen, Judge

No. E2001-01617-CCA-R3-CD January 8, 2002 A petition to declare the defendant a motor vehicle habitual offender was filed and served on him. He did not appear at the hearing, where a default judgment was entered. Subsequently, he filed a motion to set aside the default order, arguing that the service of the order on him was inadequate. The trial court denied the motion, and we affirm that denial. Tenn. R. App. P. 3 Appeal as of Right; Judgment of the Criminal Court Affirmed ALAN E. GLENN, J., delivered the opinion of the court, in which JOSEPH M. TIPTON and JOHN EVERETT WILLIAMS, JJ., joined. Craig L. Garrett, Maryville, Tennessee, for the appellant, Charles Wilburn Taylor. Paul G. Summers, Attorney General and Reporter; Gill Robert Geldreich, Assistant Attorney General; J. Scott McCluen, District Attorney General; and Daryl Roger Delp, Assistant District Attorney General, for the appellee, State of Tennessee. OPINION The defendant, Charles Wilburn Taylor, was convicted in Tennessee of driving under the influence in 1986, 1987, and twice in 1994. Additionally, he was convicted in 1987 of driving while license revoked. The State filed a petition on August 21, 1996, to have the defendant declared to be an habitual offender under the Motor Vehicle Habitual Offenders ("MVHO") Act. See Tenn. Code Ann.

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