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Posted by: Barry Kolar on May 14, 2015

Court: TN Court of Criminal Appeals

Attorneys 1:

Joseph P. Atnip, District Public Defender (on appeal); and Harold E. Dorsey, Alamo, Tennessee (at trial), for the Defendant-Appellant, Charles Derrick Belk.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Caitlin Smith, Assistant Attorney General; Thomas A. Thomas, District Attorney General; and James T. Cannon, Assistant District Attorney General, for the Appellee, State of Tennessee.

Judge(s): GLENN

The defendant, Charles Derrick Belk, was convicted by an Obion County Circuit Court jury of simple possession, a Class A misdemeanor; possession of marijuana with intent to sell or deliver, a Class E felony; Class C felony unlawful possession of a weapon; Class D felony unlawful possession of a weapon; and bringing a controlled substance into a penal institution, a Class C felony. Following a sentencing hearing, the trial court imposed an effective twelve-year sentence as a persistent offender. On appeal, the defendant argues that: (1) evidence obtained pursuant to the search warrant should have been suppressed; and (2) the evidence is insufficient to sustain his conviction for bringing a controlled substance into a penal institution. After review, we affirm the judgments of the trial court.