IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT JACKSON MARCH SESSION , 1998 FILED January 13, 1999 STATE OF TENNESSEE, ) C.C.A. NO. 02C01-9706-CC-00217 Cecil Crowson, Jr. ) Appellate C ourt Clerk Appellee, ) ) ) MADISON COUNTY VS. ) ) HON. JOHN FRANKLIN MURCHISON CONNIE LEE WILSON, ) JUDGE ) Appe llant. ) (Direct Appeal - Sentencing)

FOR THE APPELLANT: FOR THE APPELLEE: C. MICHAEL ROBBINS JOHN KNOX WALKUP 3074 East Street Attorney General and Reporter Memphis, TN 38128 Appellate Counsel GEORGIA BLYTHE FELNER Assistant Attorney General GEORGE MORTON GOOGE 425 Fifth Avenu e North District Public Defender Nashville, TN 37243 W est Baltim ore St. Jackson, TN. 38301 JERRY W OODALL District Attorney General NICK NICOLA Assistant District Attorney P. O. Box 2825 Jackson, TN 38301

ORDER FILED ________________________ AFFIRMED PURSU ANT TO RU LE 20 JERRY L. SMITH, JUDGE ORDER

On December 19, 1996, Appellant, Connie Lee Wilson, pled gu ilty to Driving After Having Been Declared an Habitual Motor Vehicle Offender and Driving Unde r the Influence. The Circuit Court for Madison County entered a show cause orde r as to why A ppellant’s probatio n for three previous D.U.I. offenses should n ot be revoked. On February 14, 1997, after a sentencing hearing, the trial cour t revoked Appella nt’s proba tion on the prior offenses and sentenced Appellant to two ye ars in the Tennessee Department of Correction for the offense of Driving After Being Declared an Habitual Motor Vehic le Offender and to eleven months and twenty-nine days to be served at 75% for the offense of Driving Under the Influence 5th offense. The trial court further ordered these sentences to be served cons ecutively to one of A ppellant’s senten ces for a prior offense (indictment number 94-827). In this appeal, Appellant presents the following issue for review:

(1) whethe r the trial court erred in running Appellant’s sentence for the current offense consecutive to her sentence in indictment number 94-827.

After a review of t he record, we affirm the judgm ent of the trial court pursuant to Court of Criminal Appeals Rule 20.

Appellant contends that the trial court erred in ordering her sentence for the current offense to run consecutive to the sentence in indictment number 94-827.

Appellant contends that the probationary period on 94-827 had run prior to the show cause hearing, effectively preventing the trial court from revoking her -2- probation for that offense. App ellant has failed to pres ent a record upon which this Court can determine the timing of her service of the prior sentences. Upon appe al, the burden of presenting to this Co urt a rec ord wh ich pro vides a ll necessa ry materials for disposition of the issues on appeal rests on the app ellant.

Rules of Appe llate Proce dure R ule 24; State v. Banes, 874 S.W.2d 73 (Tenn. Crim. App. 1993) (citing State v. Bunch, 646 S.W.2d 158, 160 (T enn.19 83); State v. Robe rts, 755 S.W. 2d 833 , 836 (T enn. C rim. App . 1988), perm. to appeal denied, (Tenn.198 8)). Due to the inc omp lete na ture of th is reco rd, this C ourt is precluded from co nsidering this issue. See State v. B ennett, 798 S.W.2d 783 (Tenn. Crim. App . 1990) cert denied, 500 U.S. 915, 111 S.Ct. 2009, 114 L.Ed. 2d 98 (1991).

According ly, we affirm the judgment of the trial court pursuant to Court of Criminal Appeals Rule 20. Appellant may remain on current bond pending the timely filing and or disposition of an app lication for pe rmission to appe al. Costs of the appeal will be paid by the State.

____________________________________ JERRY L. SMITH, JUDGE CONCUR:

See Below JOE B. JONES, PRESIDING JUDGE 1

___________________________________ GARY R. WADE, JUDGE

The Honorable Joe B. Jones died May 1, 1998. We appreciate his service to the State of Tenn essee and this C ourt.

-3-