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Posted by: Tanja Trezise on Nov 20, 2012

Head Comment: With Concurring Opinion

Court: TN Court of Criminal Appeals

Attorneys 1:

Jason M. Chaffin (on appeal) and Don Himmelberg (at trial), Nashville, Tennessee, for the appellant, Eric Demond McCathern.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Brent C. Cherry, Senior Counsel; Victor S. Johnson, III, District Attorney General; and Jeff P. Burks, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): GLENN

The defendant was convicted of aggravated burglary, possession of 26 grams or more of cocaine with intent to sell or deliver within 1000 feet of a school zone, and possession of drug paraphernalia and was sentenced to ten years, twenty-five years, and eleven months, twenty-nine days, respectively. The ten-year and twenty-five-year sentences were ordered to be served consecutively for a total effective sentence of thirty-five years in the Department of Correction, with fifteen years to be served at 100%. On appeal, the defendant argues that the evidence is insufficient to sustain his possession of cocaine conviction and that the trial court erred in imposing consecutive sentencing. Following our review, we affirm the judgments of the trial court.