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Posted by: Tanja Trezise on Dec 18, 2013

Court: TN Court of Criminal Appeals

Attorneys 1:

Terry S. Frizzell, Hendersonville, Tennessee (on appeal); and Jon J. Tucci, Nashville, Tennessee (at trial), for the appellant, James Allen Nix.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Tracy L. Bradshaw, Assistant Attorney General; Lawrence R. Whitley, District Attorney General; and Lytle Anthony James, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): GLENN

The defendant, James Allen Nix, was convicted by a Sumner County Criminal Court jury of burglary of a building other than a habitation and theft of property valued at $1000 to $10,000, both Class D felonies, and was sentenced by the trial court as a Range III, multiple offender to concurrent terms of eight years in the Department of Correction. On appeal, he raises three issues relating to the trial court’s denial of his motion to suppress evidence obtained from his home pursuant to a search warrant. The State argues that the defendant has waived consideration of these issues by his failure to include them in his motion for new trial. We agree with the State. Accordingly, we affirm the judgments of the trial court.