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Posted by: Tanja Trezise on Mar 30, 2012

Head Comment: CORRECTION: This version (3/30/12) replaces the first page of the opinion originally released on 3/12/12 to correct the style of the case.

Court: TN Court of Criminal Appeals

Attorneys 1:

Caesar Cirigliano, Nashville, Tennessee, for the appellant, Fredrick Darnell Alexander.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Clarence E. Lutz, Assistant Attorney General; Victor S. Johnson, III, District Attorney General; and Andrea Green, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): SMITH

Appellant, Frederick Darnell Alexander, was convicted by a Davidson County jury of the sale of less than. 5 grams of cocaine within 1000 feet of a school. As a result, he was sentenced to twelve years in incarceration, to be served at one hundred percent. Appellant appeals the conviction, arguing that the evidence was insufficient to support the conviction and that the trial court erred in denying the motion to suppress Appellant’s statement to police. After a review of the record, we conclude that the evidence, although mostly circumstantial, was sufficient to show that Appellant sold cocaine to an undercover officer within 1000 feet of a school. Further, Appellant not only failed to raise any issue with regard to the motion to suppress in a motion for new trial but also failed to a provide a transcript of the hearing on the motion to suppress. Therefore, Appellant is not entitled to relief unless there is plain error. The record is not clear as to what happened in the trial court because of the lack of a transcript of the suppression hearing. Therefore, we will not review the issue for plain error. Accordingly, the judgment of the trial court is affirmed.