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Posted by: Tanja Trezise on Jun 29, 2012

Court: TN Court of Criminal Appeals

Attorneys 1:

J. Colin Morris, Jackson, Tennessee, for the Defendant-Appellant, Andre Jon Simmons, II.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Clarence E. Lutz, Assistant Attorney General; James G. (Jerry) Woodall, District Attorney General and James W. (Jim) Thompson, Assistant District Attorney General, for the Appellee, State of Tennessee.

Judge(s): MCMULLEN

The Defendant-Appellant, Andre Jon Simmons, II, pled guilty in the Circuit Court of Madison County to possession with intent to sell more than .5 grams of cocaine, a Class B felony, and simple possession of a controlled substance, a Class A misdemeanor. He received an effective sentence of ten years, suspended to probation. Pursuant to Tennessee Rule of Criminal Procedure 37(b)(2)(A), Simmons attempted to reserve the following certified question of law: “Whether the cocaine and oxycodone should have been suppressed by the Circuit Court for an illegal stop and search of Andre Jon Simmons.” Because the certified question fails to identify the scope and limits of the legal issue reserved, we conclude that we are without jurisdiction to consider it. The appeal, therefore, is dismissed.