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IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT JACKSON
July 12, 2005 Session STATE OF TENNESSEE v. RICHARD GASTINEAU
Direct Appeal from the Criminal Court for Shelby County No. 04-02272 Chris Craft, Judge

No. W2004-02428-CCA-R3-CD - Filed December 14, 2005

The appellant, Richard Gastineau, pled guilty in the Shelby County Criminal Court to reckless driving, and the trial court sentenced him to a six-month suspended sentence and fined him five hundred dollars. The trial court also sua sponte ruled that the appellant had violated the implied consent law and revoked his driver's license for one year. In this appeal, the appellant claims that the trial court erred by finding that he violated the implied consent law and by revoking his driver's license. Upon review of the record and the parties' briefs, we conclude that the trial court lacked jurisdiction over the implied consent law violation and reverse the judgment of the trial court. We also remand the case to the trial court in order for it to clarify on the record whether the appellant should receive judicial diversion for the reckless driving conviction. Appeal Pursuant to Tenn. Code Ann.

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