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Posted by: Tanja Trezise on Mar 26, 2013

Court: TN Court of Criminal Appeals

Attorneys 1:

Robert E. Cooper, Jr., Attorney General and Reporter; Clark B. Thornton , Assistant Attorney General; Victory S. (Torry) Johnson, III, District Attorney General; and Deborah Housel, Assistant District Attorney General, for the Appellant, State of Tennessee.

Attorneys 2:

Jodie A. Bell, Nashville, Tennessee, for the Defendant-Appellee, Jermaine Johnson.

Judge(s): MCMULLEN

The Defendant-Appellee, Jermaine Johnson, was indicted for one count of possession with intent to sell or deliver .5 grams or more of cocaine in a drug-free zone. The trial court granted in part and denied in part Johnson’s motion to suppress evidence. Pursuant to Rule 9 of the Tennessee Rules of Appellate Procedure, we granted the State’s interlocutory appeal challenging the trial court’s suppression of 14.5 grams of cocaine found near Johnson, and we granted Johnson’s cross-appeal of the denial of his motion to suppress 1.43 grams of cocaine found on him. Upon review, we affirm the partial denial of Johnson’s motion, reverse the court’s decision to suppress evidence, and remand the case for further proceedings consistent with this opinion.