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Posted by: Chandra Williams on Jul 25, 2016

Court: TN Court of Criminal Appeals

Attorneys 1:

William A. Kennedy (on appeal), Blountville, Tennessee, and Todd East (at trial), Kingsport, Tennessee, for the appellant, Kevin Wells

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Benjamin A. Ball, Senior Counsel; Barry P. Staubus, District Attorney General; and Kent Chitwood, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): OGLE

A Sullivan County Criminal Court Jury convicted the appellant, Kevin Wells, of possession of a Schedule II controlled substance with intent to sell or deliver, a Class C felony; two counts of possession of a Schedule III controlled substance with intent to sell or deliver, a Class D felony; and driving on a revoked license, a Class B misdemeanor, and he received an effective thirteen-year sentence as a Range III, persistent offender. On appeal, the appellant contends that the trial court erred by denying his motion to suppress evidence, by allowing the State to introduce text messages from a codefendant?s cellular telephone into evidence, and by admitting his statement into evidence. Based upon the oral arguments, the record, and the parties? briefs, we affirm the judgments of the trial court.