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Posted by: Tanja Trezise on Feb 3, 2015

Court: TN Court of Criminal Appeals

Attorneys 1:

Andrew R. E. Plunk, Memphis, Tennessee, for the appellant, Benjamin Gunn.

Attorneys 2:

Herbert H. Slatery, III, Attorney General and Reporter; Jeffrey D. Zentner, Assistant Attorney General; Amy P. Weirich, District Attorney General; and Megan Fowler and Gavin Smith, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge(s): WOODALL

Defendant, Benjamin Gunn, was indicted by the Shelby County Grand Jury in Count 1 with possession of more than .5 grams of cocaine with intent to sell, in Count 2 with possession of more than .5 grams of cocaine with intent to deliver, and in Count 3 with felony possession of marijuana. Defendant was convicted as charged by a jury. The trial court merged Count 2 with Count 1 and sentenced Defendant to 12 years’ incarceration. The trial court imposed a sentence of two years’ incarceration for Count 3, to be served consecutively with Defendant’s sentence for his conviction in Count 1. In this appeal as of right, Defendant challenges the trial court’s failure to exclude evidence that prior search warrants were executed on the defendant’s residence. We conclude that the trial court erred by allowing evidence of the prior searches of Defendant’s residence. Accordingly, we reverse the judgments of the trial court and remand this case for a new trial.