STATE OF TENNESSEE v. ROBERT SPENCER - Articles

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Posted by: Amelia Ferrell Knisely on Jan 27, 2016

Court: TN Court of Criminal Appeals

Attorneys 1:

Stephen C. Bush, District Public Defender; and Phyllis L. Aluko (on appeal) and Michael J. Johnson (at trial), Assistant District Public Defenders, for the appellant, Robert Spencer.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Caitlin Smith, Assistant Attorney General; Amy P. Weirich, District Attorney General; and Marianne Lea Bell, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): THOMAS

Following a jury trial, the Defendant, Robert Spencer, was convicted of one count of possession with intent to sell twenty-six grams or more of a substance containing cocaine and one count of possession with intent to deliver twenty-six grams or more of a substance containing cocaine, both Class B felonies. See Tenn. Code Ann. § 39-17- 417(a)(4), (c)(1), (i)(5). The trial court imposed a total effective sentence of fourteen years. In this appeal as of right, the Defendant contends (1) that the evidence was insufficient to sustain his convictions; (2) that the trial court erred by allowing an investigator to testify about statements made by a “cooperating source”; and (3) that the trial court erred by failing to merge his convictions. Following our review, we affirm the Defendant?s convictions. However, we merge the Defendant?s convictions and remand the case to the trial court for entry of corrected judgment forms reflecting said merger.