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McNeal v. State

Court of Criminal Appeals of Tennessee, Jackson

October 10, 2014

FELTON McNEAL
v.
STATE OF TENNESSEE

Assigned on Briefs June 3, 2014

Appeal from the Criminal Court for Shelby County No. 10-00295 Chris Craft, Judge.

Michael R. Working, Memphis, Tennessee, for the appellant, Felton McNeal.

Robert E. Cooper, Jr., Attorney General and Reporter; Sophia S. Lee, Senior Counsel; Amy P. Weirich, District Attorney General; and Katie Ratton, Assistant District Attorney General, for the appellee, State of Tennessee.

Alan E. Glenn, J., delivered the opinion of the Court, in which Camille R. McMullen, J., joined. Jeffrey S. Bivins, J., Not Participating.

OPINION

ALAN E. GLENN, JUDGE

FACTS

In January 2010, the petitioner was indicted for various offenses arising out of a large-scale drug conspiracy. The petitioner pled guilty to three counts of selling cocaine in an amount greater than .5 grams, Class B felonies; four counts of conspiracy to sell cocaine in an amount greater than .5 grams, Class C felonies; conspiracy to commit aggravated burglary, a Class D felony; two counts of conspiracy to sell Hydrocodone, Class D felonies; and conspiracy to sell cocaine in an amount less than .5 grams, a Class D felony. The trial court sentenced the petitioner as a multiple offender to concurrent sentences for a total of eighteen years.

At the guilty plea hearing, the State summarized the underlying facts as follows:

The facts of these matters had they gone to trial, first generally, officers were alerted to a large scale drug network, which included as one of its members, [the petitioner].
[The petitioner] was contacted at a telephone number . . . by a confidential source in concert with police officers. They arranged a purchase of cocaine from [the petitioner] in the amount of two ounces. On Friday, June 19, 2009, [the petitioner] showed up at the exchange and sold officers what later tested positive for two ounces, fifty-eight-point-one-two-grams, of cocaine, in exchange for $2, 000.00 in marked funds.
Thereafter, [an] officer obtained a court ordered wire tap . . . for [the petitioner]'s telephone. The various cases that follow deal with calls and surveillance which occurred over the next two months on [the petitioner]'s telephone.
On August the 6th of 2009, [the petitioner] communicated with another individual with regard to that other individual going to a house without the consent of the owner and breaking into the house to take various merchandise that was inside the house.
Officers were sent to the location and stopped the burglary before it happened, however, the individual that [the petitioner] was contacting with went to the home to commit the burglary. . . .
On July the 30th of 2009, officers monitored phone calls in which [the petitioner] communicated with James Thomas, in which he conspired with Mr. ...

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