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Posted by: Tanja Trezise on Nov 7, 2014

Court: TN Court of Criminal Appeals

Attorneys 1:

Steve M. Garner, Franklin, Tennessee, for the appellant, Billy Dean Sizemore.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Tracy L. Alcock, Assistant Attorney General; Kim R. Helper, District Attorney General; and Sean Duddy, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): OGLE

A Lewis County Circuit Court Jury convicted the appellant, Billy Dean Sizemore, of delivery of a Schedule II controlled substance, a Class C felony, and the trial court sentenced him as a Range III, persistent offender to fourteen years in confinement. On appeal, the appellant contends that the evidence is insufficient to support the conviction; that the trial court erred by allowing evidence of a prior bad act in violation of Rule 404(a), Tennessee Rules of Evidence; that the trial court’s failure to give the jury a limiting instruction regarding the prior bad act constitutes reversible error; and that the trial court improperly relied on the presentence report showing prior convictions in Florida rather than requiring the State to produce certified copies of the judgments of conviction. Based upon the oral arguments, the record, and the parties’ briefs, we affirm the judgment of the trial court.