All Content

Posted by: Chandra Williams on May 18, 2016

Head Comment: The corrections are: Delete 1st paragraph in the Opinion section and start with Factual & Procedural Background (page 1) Corrected TCA cite on top of page 4 (lines 6 & 7) to 39-17-1307 (from 39-13-1307)

Court: TN Court of Criminal Appeals

Attorneys 1:

Herbert H. Slatery III, Attorney General and Reporter; Andrew C. Coulam, Assistant Attorney General; John W. Carney, District Attorney General; and Timothy J. Peters, Assistant District Attorney General, for the appellant, State of Tennessee.

Attorneys 2:

Roger E. Nell, District Public Defender, and Daniel P. Ufford, Assistant District Public Defender, for the appellee, Anthony R. Smith, Jr.

Judge(s): EASTER

Defendant, Anthony R. Smith, Jr., filed a motion to dismiss his indictment for possession of a firearm after having been convicted of a felony drug offense, which was granted by the trial court. The State appealed the dismissal. Upon our review of this matter of first impression, we determine that the definition of “felony” provided in Tennessee Code Annotated section 39-11-110 controls the determination of whether an out-of-state conviction constitutes a “felony drug offense.” We reverse the decision of the trial court, reinstate the indictment, and remand for further proceedings.