All Content

Posted by: Tanja Trezise on Feb 8, 2013

Court: TN Court of Criminal Appeals

Attorneys 1:

Christopher G. Clark (on motion for new trial and appeal) and Adrienne Fry (at trial), Clarksville, Tennessee, for the appellant, Christopher M. Mimms.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; J. Ross Dyer, Assistant Attorney General; John W. Carney, Jr., District Attorney General; and Helen Young, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): WILLIAMS

The defendant was convicted of selling more than 0.5 grams of cocaine, a Class B felony, and selling more than 0.5 grams of cocaine within a school zone, a Class A felony. On appeal, the defendant claims that the evidence was insufficient to support his conviction of the latter charge. The defendant also claims that the trial court erred by failing to instruct the jury with respect to lesser included offenses and by permitting the State to ask questions concerning prior drug transactions between the defendant and a confidential informant. After review, we conclude that the evidence is sufficient to support the defendant’s convictions and that his remaining claims have been waived. We affirm the judgments of the trial court accordingly.