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Posted by: Chandra Williams on Oct 6, 2015

Court: TN Court of Criminal Appeals

Attorneys 1:

Guy T. Wilkinson, District Public Defender (on appeal), and Terry Lee Dicus, Jr. (at trial), Savannah, Tennessee, for the appellant, Marlon Yarbro.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Brent C. Cherry, Senior Counsel; Matthew Stowe, District Attorney General; and Joshua C. Turnbow, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): EASTER

Appellant, Marlon Yarbro, appeals from his convictions for drug offenses, arguing that the State introduced improper evidence of previous misconduct and violated his right to compulsory process and also argues that the trial court improperly applied the drug free school zone enhancement to his conviction for simple possession. After a thorough review, we conclude that Appellant is not entitled to relief on the judgments for selling a controlled substance within a school zone and possession of drug paraphernalia. However, because the school zone enhancement was improperly applied to the simple possession conviction, we remand to the trial court for entry of a corrected judgment.