STATE OF TENNESSEE v. SHELBY LESEAN HARRIS - Articles

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Posted by: Chandra Williams on Nov 5, 2015

Court: TN Court of Criminal Appeals

Attorneys 1:

Michael Auffinger, Smithville, Tennessee (at trial and on appeal); and Robert Allen Dalton, Jr., Lewisburg, Tennessee (at trial), for the appellant, Shelby Lesean Harris.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Brent C. Cherry, Senior Counsel; Robert James Carter, District Attorney General; and Weakley E. Barnard, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): THOMAS

The Defendant, Shelby Lesean Harris, was indicted for one count of selling .5 grams or more of cocaine and one count of delivery of .5 grams or more of cocaine. See Tenn. Code Ann. § 39-17-417. Following a jury trial, the Defendant was convicted of the lesser-included offenses of facilitation of the sale of .5 grams or more of cocaine and facilitation of the delivery of .5 grams or more of cocaine. See Tenn. Code Ann. § 39-11- 403. The trial court merged the Defendant’s conviction for facilitation of the delivery of .5 grams or more of cocaine into his conviction for facilitation of the sale of .5 grams or more of cocaine. The trial court then sentenced the Defendant as a Range II, multiple offender to eight years and six months. On appeal, the Defendant contends (1) that the trial court erred by denying his motion to suppress the in-court identification of the Defendant by two confidential informants; and (2) that the evidence was insufficient to sustain his convictions. Following our review, we affirm the judgments of the trial court.

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