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State of Tennessee v. Lawrence v. Kline

August 27, 2012

STATE OF TENNESSEE
v.
LAWRENCE V. KLINE



Appeal from the Criminal Court for Scott County No. 9287 E. Shayne Sexton, Judge

The opinion of the court was delivered by: James Curwood Witt, Jr., Judge

A Scott County Criminal Court jury convicted the defendant, Lawrence V. Kline, of one count of the sale of a schedule IV controlled substance (Xanax), and the trial court sentenced the defendant to two years as a Range I, standard offender to be served on probation. On appeal, the defendant argues that the trial court erroneously admitted into evidence the two Xanax pills. Discerning no error, we affirm the judgment of the trial court.

Tenn. R. App. P. 3; Judgment of the Criminal Court Affirmed

JAMES CURWOOD WITT, JR., J., delivered the opinion of the Court, in which ROBERT W. WEDEMEYER and ROGER A. PAGE, JJ., joined.

OPINION

The defendant's conviction arose from a May 26, 2009 controlled drug purchase wherein the defendant and his co-defendant, Siobhan Lynn Daisy, sold two Xanax pills to a confidential informant, Walter Scott Hudson. Following the trial court's denial of the motion for new trial, the defendant filed a timely notice of appeal.*fn1

Joe Marlow testified at trial that he was a narcotics agent with the Scott County Sheriff's Department ("SCSD") in May 2009. As part of his employment, Mr. Marlow recruited individuals to act as confidential informants and make drug purchases from suspected dealers. Mr. Marlow sought the services of Walter Scott Hudson, who, on May 26, 2009, participated in a controlled purchase of two Xanax pills from the defendant and Ms. Daisy. The entire purchase was tape recorded via a wire transmitter attached to Mr. Hudson. A tape recording of the transaction was exhibited at trial and played for the jury. During the investigation, Mr. Marlow also recovered ...


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