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Posted by: Amelia Ferrell Knisely on Jan 29, 2016

Court: TN Court of Criminal Appeals

Attorneys 1:

George Morton Googe, District Public Defender; and Jeremy B. Epperson, Assistant District Public Defender, for the Appellant, Douglas Kincaid.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Lacy Wilber, Senior Counsel; James G. (Jerry) Woodall, District Attorney General; and Rolf G. S. Hazlehurst, Assistant District Attorney General, for the Appellee, State of Tennessee.

Judge(s): PAGE

Appellant stands convicted of possession with the intent to sell not less than one-half ounce but not more than ten pounds of marijuana, a Class E felony; possession with intent to sell a schedule IV controlled substance,1 a Class D felony; possession of a firearm with the intent to go armed during the commission of a dangerous felony,2 a Class D felony; and possession of drug paraphernalia, a Class A misdemeanor. The trial court imposed partially consecutive sentences, for an effective sentence of five years. On appeal, appellant argues that: (1) the evidence was insufficient to support his possession of tramadol conviction and his firearm conviction; (2) the trial court erred in admitting into evidence the photographs and text messages from appellant?s cellular telephone; and (3) the trial court erred in allowing witnesses to testify regarding appellant?s oral statement to police. Following our review of the record and the applicable law, we affirm the judgments of the trial court.