STATE OF TENNESSEE v. RODERICK JERMAINE McALPIN - Articles

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Posted by: Stacey Shrader Joslin on Oct 2, 2014

Court: TN Court of Criminal Appeals

Attorneys 1:

J. Liddell Kirk, Knoxville, Tennessee, for the appellant, Roderick Jermaine McAlpin.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Meredith DeVault, Assistant Attorney General; Randall Eugene Nichols, District Attorney General; Philip Morton and Hector Sanchez, Assistant District Attorneys General, for the appellee, the State of Tennessee.

Judge(s): WOODALL

Defendant, Roderick Jermaine McAlpin, was indicted by the Knox County Grand Jury for possession with intent to sell more than .5 grams of cocaine within 1,000 feet of a public school; possession with intent to deliver more than .5 grams of cocaine within 1,000 feet of a public school; possession with intent to sell more than .5 grams of cocaine within 1,000 feet of a child care agency; possession with intent to deliver more than .5 grams of cocaine within 1,000 feet of a child care agency; criminal trespass, and public intoxication. Due to an error in the indictment, the trial court dismissed the public intoxication charge at the State’s request. Defendant was convicted by a jury of the remaining offenses. The four felony drug convictions were merged into one Class A felony conviction of possession with intent to sell more than .5 grams of cocaine within 1,000 feet of a public school. The trial court sentenced Defendant to serve 16 years’ incarceration for this conviction and 30 days, concurrently, for the conviction of criminal trespass. On appeal, Defendant contends that the trial court erred by denying his motion to suppress the crack cocaine, and that the evidence was insufficient to support his convictions. Finding no error, we affirm the judgments of the trial court.

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