STATE OF TENNESSEE v. JEFFREY M. FORGUSON - Articles

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Posted by: Tanja Trezise on Feb 18, 2014

Head Comment: With concurring opinion.

Court: TN Court of Criminal Appeals

Attorneys 1:

Michael J. Flanagan, Nashville, Tennessee, for the appellant, Jeffrey M. Forguson.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Brent C. Cherry, Senior Counsel; Dan M. Alsobrooks, District Attorney General; Sarah Wojnarowski, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): WEDEMEYER

A Stewart County jury convicted the Defendant, Jeffrey M. Forguson, of sale of a schedule IV drug (Alprazolam) and sale of a Schedule III drug (Dihydrocodeinone). The trial court sentenced the Defendant to serve consecutive six-year sentences for an effective sentence of twelve years in the Tennessee Department of Correction. On appeal, the Defendant contends that: (1) the evidence is insufficient to sustain his convictions; (2) consecutive sentencing was improper in his case; and (3) the trial court could not properly fulfill its role as thirteenth juror. After a thorough review of the record and applicable law, we affirm the trial court’s judgments.