STATE OF TENNESSEE V. BENJAMIN GUNN - Articles

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Posted by: Brittany Sims on Dec 26, 2013

Court: TN Court of Criminal Appeals

Attorneys 1:

Claiborne H. Ferguson and Andrew R. E. Plunk, Memphis, Tennessee, for the appellant, Benjamin Gunn.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Caitlin E.D. Smith, Assistant Attorney General; Amy P. Weirich, District Attorney General; and Meghan Fowler and Josh Corman, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge(s): BIVINS

Benjamin Gunn (“the Defendant”) was convicted by a jury of two counts of possession of cocaine, one count of possession with intent to sell 14.175 grams or more of marijuana, one count of possession with intent to deliver 14.175 grams or more of marijuana, and one count of tampering with evidence. The trial court merged the two convictions for possession of cocaine. The trial court also merged the conviction for possession with intent to deliver 14.175 grams or more of marijuana into the conviction for possession with intent to sell 14.175 grams or more of marijuana. The trial court sentenced the Defendant to an effective sentence of eight years, eleven months, and twenty-nine days’ incarceration. On appeal, the Defendant challenges the sufficiency of the evidence supporting his convictions for possession with intent to sell and deliver 14.175 grams or more of marijuana. After a thorough review of the record and the applicable law, we affirm the judgments of the trial court.

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