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Posted by: Tanja Trezise on Feb 4, 2013

Court: TN Court of Criminal Appeals

Attorneys 1:

Trisha A. Bohlen, Bell Buckle, Tennessee, and Brenda Bramlett, Shelbyville, Tennessee, for the appellant, Alfonzo Marquis Sutton.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Cameron L. Hyder, Assistant Attorney General; Charles Frank Crawford, Jr., District Attorney General; and Michael David Randles and Richard A. Cawley, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge(s): OGLE

A Bedford County Circuit Court Jury convicted the appellant, Alfonzo Marquis Sutton, of conspiracy to sell and deliver .5 grams or more of a Schedule II controlled substance, cocaine. The trial court sentenced him as a Range III persistent offender to thirteen years, forty-five percent of which he was to serve in confinement before being eligible for release. On appeal, the appellant argues that the evidence is insufficient to support the conviction, that prosecutorial misconduct warranted a mistrial, and that his sentence is excessive. Upon review, we conclude that prosecutorial misconduct warrants a new trial.