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Posted by: Amelia Ferrell Knisely on Mar 31, 2016

Court: TN Court of Criminal Appeals

Attorneys 1:

Chadwick G. Hunt, Savannah, Tennessee, for the appellant, Christopher Hammack.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Leslie E. Price, Senior Counsel; Brent Cooper, District Attorney General; and Beverly White, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): HOLLOWAY

Christopher Hammack (“the Defendant”) was indicted for one count of initiation of the process to manufacture methamphetamine (Count 1), one count of possession of a firearm during the commission of or attempt to commit a dangerous felony (Count 2), and one count of convicted felon in possession of a firearm (Count 3). The Defendant was convicted by a jury of the lesser included offense of facilitation of initiation of the process to manufacture methamphetamine in Count 1 and as charged in Count 2. A judgment of conviction was entered by the trial court in Count 3. On appeal, the Defendant challenges the sufficiency of the evidence underlying his convictions in Counts 1 and 2. Upon review, we conclude that there was insufficient evidence to support the Defendant’s convictions for Counts 1 and 2. Additionally, we conclude that the Defendant did not effectively waive his right to a jury trial or enter a plea of guilty in Count 3. The judgments of the trial court are reversed and the charges are dismissed.