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Posted by: Tanja Trezise on May 19, 2017

Court: TN Court of Criminal Appeals

Attorneys 1:

Elizabeth A. Russell (on appeal), Franklin, Tennessee, and M. Wesley Hall IV (at hearing), Unionville, Tennessee, for the appellant, Bruce Wayne Sutton.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Brent C. Cherry, Senior Counsel; Robert Carter, District Attorney General; and Ann L. Filer, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): EASTER

Defendant, Bruce Wayne Sutton, pled guilty to attempted initiation of a process to manufacture methamphetamine and received a sentence of nine years and six months. As part of his plea agreement, Defendant reserved two certified questions of law pursuant to Tennessee Rule of Criminal Procedure 37(b)(2)(A) with regard to the trial court’s denial of his motion to suppress evidence obtained during a warrantless search of a residence. Upon our review of the record and applicable authorities, we determine that based upon his disclaimer of interest in the property, Defendant was without standing to complain about the search. Therefore, we affirm the judgment of the trial court.