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Posted by: Tanja Trezise on Jun 25, 2015

Court: TN Court of Criminal Appeals

Attorneys 1:

J. Patrick Hayes, Cookeville, Tennessee, for the appellant, Lamar Mandell Cullom.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Sophia S. Lee, Senior Counsel; Bryant C. Dunaway, District Attorney General; and Philip Hatch, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): PAGE

Appellant, Lamar Mandell Cullom, was convicted in Count I of the indictment of casual exchange of a controlled substance as a lesser-included offense of the indicted offense of sale of cocaine, a Schedule II controlled substance within 1,000 feet of a drug-free zone. He was convicted in Count II of delivery of 0.5 grams or more of cocaine, a Schedule II controlled substance, within 1,000 feet of a drug-free zone. The trial court sentenced him to consecutive terms of eleven months, twenty-nine days and fifteen years, respectively. Appellant now challenges the sufficiency of the convicting evidence and testimony of a law enforcement officer that allegedly implied that appellant had a prior criminal history. Following our review, we affirm appellant?s convictions. However, we remand for entry of a single judgment form indicating merger of the convictions. The judgment form should reflect that appellant is a Range II, multiple offender and that the mandatory minimum period of incarceration for appellant?s range is twelve years. The judgment form should also note that the “conviction offense name” is “violation – drug-free zone,” not “violation – drug-free school zone.”