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Posted by: Tanja Trezise on May 8, 2012

Court: TN Court of Criminal Appeals

Attorneys 1:

James B. Webb and Brandon L. Newman, Trenton, Tennessee for the Defendant-Appellant, Keith Richard Gibson.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; J. Ross Dyer, Assistant Attorney General; Thomas (Tommy) A. Thomas, District Attorney General; and Kevin D. McAlpin, Assistant District Attorney General, for the Appellee, State of Tennessee.

Judge(s): MCMULLEN

Defendant-Appellant, Keith Richard Gibson, was convicted after a jury trial for possession of .5 grams or more of cocaine with intent to sell, a Class B felony, and simple possession of a controlled substance, a Class A misdemeanor. He was sentenced as a Range I, standard offender and received eight years’ incarceration for the felony and eleven months and twenty-nine days’ incarceration for the misdemeanor. He appeals the trial court’s denial of his motions to suppress evidence, arguing that the police lacked reasonable suspicion to support the investigatory stop of the defendant as required by the Fourth Amendment of the United States Constitution and article 1, section 7 of the Tennessee Constitution. Upon review, although we reject a part of the trial court’s reasoning in its denial of the motions to suppress, we affirm the judgments of the trial court.