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Posted by: Tanja Trezise on Jul 15, 2014

Court: TN Court of Criminal Appeals

Attorneys 1:

James E. Thomas (on appeal) and Rhonda D. Hooks and Michael Harris (at trial), Memphis, Tennessee, for the appellant, Keith Collins.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; David H. Findley, Senior Counsel; Amy P. Weirich, District Attorney General; and Ray Lepone and Paul Hagerman, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge(s): OGLE

A Shelby County Criminal Court Jury convicted the appellant, Keith Collins, of conspiracy to possess with intent to sell more than 300 grams of cocaine, a Class A felony, and attempt to possess more than 300 grams of cocaine with intent to sell, a Class B felony. After a sentencing hearing, the trial court sentenced him as a Range II, multiple offender to consecutive sentences of forty and twenty years, respectively. On appeal, the appellant contends that (1) the trial court should have given an accomplice instruction with regard to one of the State’s witnesses; (2) the evidence is insufficient to support the convictions; (3) the trial court improperly allowed a State witness to testify about a bad act pursuant to 404(b), Tennessee Rules of Evidence; (4) he is entitled to a new trial based on a witness’s false testimony; and (5) consecutive sentencing was improper. Based upon the oral arguments, the record, and the parties’ briefs, we affirm the judgments of the trial court.