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Posted by: Tanja Trezise on Dec 3, 2013

Court: TN Court of Criminal Appeals

Attorneys 1:

A. Philip Lomonaco, Knoxville, Tennessee, for the appellant, Terrell B. Johnson.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Deshea Dulany Faughn, Assistant Attorney General; and Randall E. Nichols, District Attorney General; Jennifer H. Welch and Sean McDermott, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge(s): TIPTON

The Defendant, Terrell B. Johnson, was found guilty by a Knox County Criminal Court jury of possession with the intent to sell one-half gram or more of cocaine in a drug-free zone and possession with the intent to deliver one-half gram or more of cocaine in a drug-free zone, Class B felonies. See T.C.A. § 39-17-417(a)(4), (c)(1) (possession with the intent to sell Schedule II narcotics) (2010). The convictions were merged, and the Defendant, a Range I, standard offender, was sentenced to twelve years, with a minimum of eight years to be served. See id. § 39-17-432 (2010) (enhanced penalties for offenses committed in drug-free zones). The sentence was imposed consecutively to the Defendant’s sentences in other cases. On appeal, he contends that (1) the evidence is insufficient to support his conviction and (2) the trial court erred in denying his motion to dismiss the indictment due to lost and destroyed evidence pursuant to State v. Ferguson, 2 S.W.3d 912 (Tenn. 1999). We affirm the judgment of the trial court.