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Posted by: Amelia Ferrell Knisely on Jan 28, 2016

Head Comment: With Judge Williams Concurring and Dissenting

Court: TN Court of Criminal Appeals

Attorneys 1:

Michael Auffinger, Smithville, Tennessee, for the appellant, Nolan Excell Pippen.

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

Following a jury trial, the Defendant, Nolan Excell Pippen, was convicted of public intoxication, a Class C misdemeanor; and simple possession of marijuana, third or subsequent offense, a Class E felony. See Tenn. Code Ann. §§ 39-17-310, -418. The trial court imposed a total effective sentence of two years? incarceration. On appeal, the Defendant contends (1) that the evidence was insufficient to support his conviction for public intoxication; and (2) that the trial court erred in denying his motion to suppress the marijuana found in his pocket during a search incident to his arrest for public intoxication.1 Following our review, we conclude that the evidence was insufficient to sustain the Defendant?s conviction for public intoxication and that the trial court erred in denying the Defendant?s suppression motion.2 Accordingly, we reverse the judgments of the trial court and dismiss the charges against the Defendant.