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Posted by: Tanja Trezise on Jun 19, 2015

Court: TN Court of Criminal Appeals

Attorneys 1:

Michael P. Auffinger, Lewisburg, Tennessee, for the Appellant, Kenneth Lee Boles.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Brent C. Cherry, Senior Counsel; Robert James Carter, District Attorney General; and Richard A. Cawley, Assistant District Attorney General, for the Appellee, State of Tennessee.

Judge(s): GLENN

The defendant, Kenneth Lee Boles, was convicted by a Bedford County jury of the introduction of a controlled substance into a penal institution and the possession of a controlled substance in a penal institution, both Class C felonies. After merging the counts into a single conviction, the trial court sentenced the defendant as a Range II, multiple offender to ten years in the Department of Correction. On appeal, the defendant argues that the trial court erred by not allowing him to present the testimony of his expert witness and by not instructing the jury on the defense of necessity. Following our review, we affirm the judgment of the trial court.