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Posted by: Chandra Williams on Oct 28, 2015

Court: TN Court of Criminal Appeals

Attorneys 1:

George Morton Googe, District Public Defender; and Jeremy B. Epperson, Assistant District Public Defender, Jackson, Tennessee, for the appellant, Elahu Hill, Jr.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Tracy L. Alcock, Assistant Attorney General; Jerry Woodall, District Attorney General; and Rolf Hazlehurst, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): HOLLOWAY

In September 2014, the Madison County Grand Jury indicted the Defendant, Elahu Hill, Jr., for simple possession of marijuana, tampering with evidence, and violation of the open container law. Following a trial, the jury found the Defendant guilty of simple possession of marijuana and tampering with evidence, for which he received an effective five-year sentence.1 On appeal, the Defendant argues that the evidence is insufficient to support his conviction for tampering with evidence and that his five-year sentence for tampering with evidence was excessive. Upon review, we affirm the Defendant?s conviction and sentence for simple possession of marijuana. However, we reverse and vacate the Defendant?s conviction for tampering with evidence because we conclude that the evidence is insufficient to support the conviction.