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Posted by: Tanja Trezise on May 24, 2012

Court: TN Court of Criminal Appeals

Attorneys 1:

James W. Brooks, Jr., Wartburg, Tennessee, for the appellant, Rebecca Draper.

Attorneys 2:

C. Brad Neff, Jamestown, Tennessee, for the appellant, J. C. Draper.

Robert E. Cooper, Jr., Attorney General and Reporter; Nicholas W. Spangler, Assistant Attorney General; Russell Johnson, District Attorney General; and Frank A. Harvey, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): THOMAS

The Defendants, Rebecca and J. C. Draper, were each indicted for one count of manufacture of .5 grams or more of methamphetamine, a Class B felony, and one count of possession of drug paraphernalia, a Class A misdemeanor. See Tenn. Code Ann. §1 § 39-17-417(a)(1), - 425(a)(1). The Defendants filed a motion to suppress the evidence discovered as a result of a search of their manufactured home and backyard. The trial court denied the Defendants’ motion. The Defendants then entered into a plea agreement with the State and reserved a certified question of law for appellate review pursuant to Tennessee Rule of Criminal Procedure 37(b)(2). Defendant Rebecca Draper pled nolo contendere to one count of possession of drug paraphernalia and was sentenced to eleven months and twenty-nine days on probation. Defendant J. C. Draper pled guilty to one count of promotion of methamphetamine manufacture, a Class D felony, and was sentenced to three years on probation. See Tenn. Code Ann. § 39-17-433. In this appeal, the Defendants contend that the trial court erred by denying their motion to suppress the evidence against them. Following our review, we reverse, vacate the judgments of the trial court, and dismiss the charges.