STATE OF TENNESSEE v. CYNTHIA DENISE MARSHALL - Articles

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Posted by: Tanja Trezise on Jan 24, 2013

Court: TN Court of Criminal Appeals

Attorneys 1:

Shana Johnson, Somerville, Tennessee, for the appellant, Cynthia Denise Marshall.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; David H. Findley, Senior Counsel; D. Michael Dunavant, District Attorney General; and Joe L. Van Dyke, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): TIPTON

The Defendant, Cynthia Denise Marshall, pleaded guilty to introducing contraband into a penal institution, a Class C felony, possession with the intent to deliver morphine, a Class C felony, and possession with the intent to deliver more than one-half gram of marijuana, a Class E felony. See T.C.A. §§ 39-16-201 (2010) (amended 2012), 39-17-417 (2010) (amended 2012). She was sentenced as a Range I, standard offender to an effective six years on probation. On appeal, she contends that the trial court erred by denying judicial diversion. We reverse the trial court’s denial of judicial diversion and remand the case for a new sentencing hearing.

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