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Posted by: Chandra Williams on Nov 23, 2015

Court: TN Court of Criminal Appeals

Attorneys 1:

Stephen M. Wallace, District Public Defender; and Andrew J. Gibbons, Assistant Public Defender, Blountville, Tennessee, for the Appellant, Eugene Bernard Cuddy, III.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Clarence E. Lutz, Senior Counsel; Barry Staubus, District Attorney General; and Joshua Parsons, Assistant Public Defender, for the Appellee, State of Tennessee.

Judge(s): WOODALL

Defendant, Eugene Bernard Cuddy, III, was indicted in a three-count indictment by the Sullivan County Grand Jury for possession of Oxycodone, a Schedule II controlled substance, with intent to sell or deliver, possession of drug paraphernalia, and possession of Alprazolam, a Schedule IV controlled substance, with intent to sell or deliver. Defendant filed a motion to suppress evidence seized during a search of Defendant’s person. Following a hearing, the trial court denied Defendant’s motion to suppress. Defendant was convicted as charged. The trial court sentenced Defendant to an effective sentence of seven years’ incarceration. In this appeal as of right, Defendant contends that: 1) the trial court erred by denying Defendant’s motion to suppress;; 2) the evidence is insufficient to sustain his convictions; 3) the trial court erred by instructing the jury that it could infer Defendant’s intent from the amount of controlled substances Defendant possessed; and 4) the trial court abused its discretion in sentencing Defendant. Having reviewed the entire record and the briefs of the parties, we find no error. Accordingly, the judgments of the trial court are affirmed.