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Posted by: Tanja Trezise on Dec 13, 2012

Court: TN Court of Criminal Appeals

Attorneys 1:

Donna Orr Hargrove, District Public Defender; and William J. Harold, Assistant District Public Defender, for the appellant, Winston C. McClain.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Meredith Devault, Assistant Attorney General; Charles Frank Crawford, Jr., District Attorney General; and Weakley E. Bernard, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): WILLIAMS

The defendant, Winston C. McClain, appeals the sentencing decision of the Marshall County Circuit Court. After entering an open plea agreement, and following merger, the defendant stands convicted of: (1) sale of less than .5 grams of a Schedule II controlled substance, a Class C felony; (2) possession with intent to sell .5 grams or more of a Schedule II controlled substance, a Class B felony; (3) simple possession of marijuana, a Class A misdemeanor; (4) unlawful possession of drug paraphernalia, a Class A misdemeanor; (5) evading arrest, a Class A misdemeanor; and (6) resisting arrest, a Class B misdemeanor. Following a sentencing hearing, the defendant was sentenced to an effective term of twelve years in the Department of Correction. On appeal, he contends that the sentence is excessive and contrary to law. Following review, we affirm the sentence as imposed.