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Posted by: Tanja Trezise on May 31, 2012

Court: TN Court of Criminal Appeals

Attorneys 1:

Trisha S. Bolen, Bell Buckle, Tennessee, for the appellant, Tracy Direll Woodard.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Brent C. Cherry, Assistant Attorney General; Charles Crawford, District Attorney General; and Richard Cawley, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): WITT

The defendant, Tracy Direll Woodard, entered open guilty pleas to three counts of the sale of less than .5 grams of cocaine, see T.C.A. § 39-17-417(c)(2)(A); three counts of the delivery of less than .5 grams of cocaine, see id.; sale of a counterfeit controlled substance, see id. § 39-17-423(a)(1); and delivery of a counterfeit controlled substance, see id. § 39-17- 423(a)(2). At sentencing, the trial court merged each delivery conviction into the corresponding sale conviction and imposed an effective sentence of 16 years’ incarceration. On appeal, the defendant argues that the sentences are excessive. We affirm the sentencing decision of the trial court. On remand, however, we direct the trial court to correct the judgments to properly effectuate merger of the alternative counts of sale and delivery.