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Posted by: Tanja Trezise on Nov 3, 2014

Court: TN Court of Criminal Appeals

Attorneys 1:

Robin Farber, Columbia, Tennessee, for the appellant, Laquita Monique Hogan.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Renee W. Turner, Senior Counsel; T. Michel Bottoms, District Attorney General; and Brent Cooper, Assistant District Attorney General, for the appellee, the State of Tennessee.

Judge(s): WOODALL

This direct appeal presents a certified question of law pursuant to Rule 37(b)(2)(A) of the Tennessee Rules of Criminal Procedure. After the trial court denied her motion to suppress, Defendant, Laquite Monique Hogan, entered a guilty plea in the Maury County Circuit Court to facilitation of possession of a schedule II drug for sale and was sentenced to three years to be suspended and served on probation. Defendant properly reserved the following certified question of law: “whether there was a sufficient nexus that continued to persist at the time the search warrant was executed due to the fact that the location of the alleged sales was away from the residence and the affidavit does not include facts that Jason Coleman was seen coming and returning to his home from the sale which was to have occurred 96 hours ago; whether the alleged facts that Mr. Coleman was monitored leaving from his home and returning within 30 days of the execution of the warrant was stale information and whether the record supports the finding that both prongs of Aguil[]ar-Spinelli have been satisfied.” After a thorough review of the record and applicable authorities, we conclude that Defendant is not entitled to relief in this appeal. Accordingly, we affirm the trial court’s order denying Defendant’s motion to suppress, and we affirm Defendant’s judgment of conviction.