STATE OF TENNESSEE v. TRACY DALE TATE - Articles

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Posted by: Tanja Trezise on May 21, 2015

Court: TN Court of Criminal Appeals

Attorneys 1:

J. Liddell Kirk, Knoxville, Tennessee, for the appellant, Tracy Dale Tate.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Clarence E. Lutz, Assistant Attorney General; Randall E. Nichols, District Attorney General; and Phillip H. Morton and Hector Sanchez, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge(s): THOMAS

A Knox County jury found the Defendant, Tracy Dale Tate, guilty of one count each of sale and delivery of cocaine within 1,000 feet of an elementary school and one count each of sale and delivery of cocaine within 1,000 feet of a recreational center. See Tenn. Code Ann. §§ 39-17-417, -432. The trial court merged count two into count one and merged count four into count three, resulting in convictions for sale of .5 grams or more of cocaine within 1,000 feet of an elementary school and sale of .5 grams or more of cocaine within 1,000 feet of a recreational center. The Defendant received a total effective sentence of thirty years. In this appeal, the Defendant contends that the evidence was insufficient to support his convictions. He further argues that the trial court erred by failing to merge his four guilty verdicts into a single conviction, and the State concedes this point. Following our review, we conclude that the evidence was sufficient to support the Defendant’s convictions, but we agree that the trial court erred by failing to merge all the Defendant’s guilty verdicts into a single conviction, and we therefore remand for entry of a corrected judgment reflecting this merger.

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