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Posted by: Tanja Trezise on Feb 7, 2013

Court: TN Court of Criminal Appeals

Attorneys 1:

Thomas G. Slaughter, Knoxville, Tennessee, for the appellant, Darrick Eugene McAllister.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Lacy Wilber, Assistant Attorney General; Randall Eugene Nichols, District Attorney General; and Philip H. Morton, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): WOODALL

The Knox County Criminal Court denied Defendant Darrick Eugene McAllister’s motion to suppress all evidence seized in a warrantless search. Subsequently, Defendant entered a guilty plea, and according to the amended judgment in the record, Defendant pled guilty to possession with intent to sell less than 0.5 grams of cocaine, a Class C felony, and received a sentence of eight (8) years as a Range II multiple offender. The amended judgment and the negotiated plea agreement documents show that Defendant reserved a certified question of law for appeal. The transcript of the guilty plea hearing is not in the record. After a review of the record, we affirm the amended judgment of the trial court. We note, however, that the negotiated plea agreement documents reflect that Defendant was going to plead guilty to the Class C felony offense of attempted possession of more than 0.5 grams of cocaine within 1,000 feet of a drug free zone (a park). However, we did not have jurisdiction in this case to do anything but affirm the amended judgment (which we do) or reverse the amended judgment and dismiss the charges. The trial court, however, may review the entire record and take appropriate measures, if any, to correct the amended judgment.