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Posted by: Landry Butler on Jan 9, 2017

Court: TN Court of Criminal Appeals

Attorneys 1:

Alexander Brown, Knoxville, Tennessee, for the appellant, Jeffrey Stanley Mitchell.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Renee W. Turner, Assistant Attorney General; Randall E. Nichols, District Attorney General; and Sean McDermott, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): WITT

The defendant, Jeffrey Stanley Mitchell, appeals his Knox County Criminal Court jury convictions of one count of facilitation of the possession with intent to sell more than 26 grams of cocaine within a drug-free school zone, one count of third offense simple possession of marijuana, two counts of the facilitation of the sale of .5 grams or more of cocaine within a drug-free school zone, and two counts of the sale of .5 grams or more of cocaine within a drug free school zone, arguing that the evidence was insufficient to support his convictions. Because our supreme court has determined that the provisions of the Drug-Free School Zone Act do not apply to convictions of facilitation, the sentences imposed for the defendant’s convictions of facilitation must be reversed and the case remanded for resentencing on those counts. The judgments of the trial court are affirmed in all other respects.