STATE OF TENNESSEE v. HEATHER McMURRAY - Articles

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Posted by: Tanja Trezise on Dec 16, 2013

Court: TN Court of Criminal Appeals

Attorneys 1:

Mike Whalen, Knoxville, Tennessee, for the appellant, Heather McMurray.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Kyle Hixson, Assistant Attorney General; Randall E. Nichols, District Attorney General; and Phillip Morton, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): GLENN

The defendant, Heather McMurray, was convicted by a Knox County Criminal Court jury of three counts of the sale of less than .5 grams of cocaine within 1000 feet of a school zone, three counts of the delivery of less than .5 grams of cocaine within 1000 feet of a school zone, possession of less than .5 grams of cocaine with the intent to sell within 1000 feet of a school zone, and possession of less than .5 grams of cocaine with the intent to deliver within 1000 feet of a school zone, all Class B felonies. The trial court merged the convictions based on the same incidents and sentenced the defendant as a Range I, standard offender to concurrent terms of twelve years for each conviction, with a mandatory eight-year sentence in the Department of Correction due to the fact that the offenses were committed in a drug-free school zone. The defendant raises three issues on appeal: (1) whether the evidence is sufficient to sustain her convictions; (2) whether the trial court erred in allowing a police officer to testify as an expert witness; and (3) whether the trial court erred by denying her motion for a mistrial after the State played a redacted version of her statement to police. Following our review, we affirm the judgments of the trial court.

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