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Posted by: Tanja Trezise on Jan 27, 2014

Court: TN Court of Criminal Appeals

Attorneys 1:

George Morton Googe, District Public Defender; and Jeremy B. Epperson, Assistant Public Defender, Jackson, Tennessee, for the appellant, Marty M. Clark.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Jeffrey D. Zentner, Assistant Attorney General; Jerry Woodall, District Attorney General; and Jody Pickens, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): CLARK

A Madison County Grand Jury returned an indictment against Defendant, Marty Clark, charging him with possession of cocaine and possession of drug paraphernalia. Following a jury trial, Defendant was convicted of possession of cocaine and attempted possession of drug paraphernalia. The trial court imposed a sentence of eleven months and twenty-nine days for possession of cocaine and six months for attempted possession of drug paraphernalia to be served concurrently with each other and consecutively to an unrelated case. On appeal, Defendant argues: (1) that the evidence was insufficient to support his convictions; and (2) that the trial court erred in refusing to give the absent material witness instruction to the jury. After a thorough review of the record, we affirm the judgments of the trial court.