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Posted by: Tanja Trezise on May 16, 2013

Court: TN Court of Criminal Appeals

Attorneys 1:

Kevin McGee and Richard McGee, Nashville, Tennessee for the appellant, Jackie Ray Elkins.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Clark B. Thornton, Assistant Attorney General; Victor S. Johnson, III, District Attorney General; and Pamela Anderson, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): SMITH

Appellant, Jackie Ray Elkins, was indicted by the Davidson County Grand Jury for one count of possession with intent to sell or deliver not less than one-half of an ounce but not more than ten pounds of marijuana in a drug-free zone. This charge was the result of a traffic stop in Shelby Bottoms in Nashville, Tennessee and the subsequent search of the vehicle in which Appellant was travelling. Appellant filed a motion to suppress the proceeds of the search. The trial court denied the motion. A jury convicted Appellant as charged. On appeal, Appellant argues that the trial court erred in denying his motion and asks this Court to review his complaint under the plain error rule. In addition, Appellant argues that the evidence was insufficient to support his conviction. After a thorough review of the record, we conclude that plain error review is not necessary to do substantial justice and that the evidence was sufficient to support the conviction. Therefore, we affirm the judgment of the trial court.