All Content

Posted by: Tanja Trezise on Jun 8, 2015

Court: TN Court of Criminal Appeals

Attorneys 1:

Joe Mason Brandon, Jr., Murfreesboro, Tennessee, for the appellant, Roy Allen Smith.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Sophia S. Lee, Senior Counsel; Lawrence Ray Whitley, District Attorney General; and Jennings H. Jones, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): WILLIAMS

The defendant, Roy Allen Smith, was convicted after a jury trial of simple possession of a Schedule II controlled substance, a Class A misdemeanor; possession of a Schedule III controlled substance with the intent to manufacture, deliver, or sell, a Class D felony; maintaining a dwelling used for keeping or selling controlled substances, a Class D felony; and possession of drug paraphernalia, a Class A misdemeanor. The defendant received an effective twelve-year sentence, which was ordered to be served consecutively to the sentences of six prior convictions for which the defendant had been on probation at the time that the instant offenses were committed. On appeal, the defendant contends that the City of LaVergne did not have jurisdiction to investigate or prosecute the offenses because the crimes occurred outside the city limits. He also challenges the sufficiency of the convicting evidence and the order to serve his sentence consecutively to his prior convictions. After a thorough review of the record, we affirm the judgments of the trial court.