Court of Criminal Appeals of Tennessee, Nashville
Assigned on Briefs January 10, 2017
from the Circuit Court for Robertson County No.
74CC2-2014-CR-144 William R. Goodman, III, Judge
Robertson County jury convicted the Defendant, Timothy Dunn,
of sale of cocaine within 1, 000 feet of a school and
delivery of cocaine within 1, 000 feet of a school. The trial
court merged the two convictions and sentenced the Defendant
to serve seventeen years in the Tennessee Department of
Correction. On appeal, the Defendant argues that: (1) the
trial court erred when it denied his request for a
continuance; (2) the trial court erred when it allowed
Detective Eddie Stewart to testify when he was not listed on
the indictment; (3) the evidence is insufficient to support
his conviction; and (4) his sentence is excessive. After
review, we affirm the trial court's judgment.
R. App. P. 3 Appeal as of Right; Judgment of the Circuit
Leticia F. Alexander (on appeal), Nashville, Tennessee, and
Collier W. Goodlett (at trial), Clarksville, Tennessee, for
the appellant, Timothy Dunn.
Herbert H. Slatery III, Attorney General and Reporter; M.
Todd Ridley, Assistant Attorney General; John W. Carney, Jr.,
District Attorney General; and Jason White, Assistant
District Attorney General, for the appellee, State of
W. Wedemeyer, J., delivered the opinion of the court, in
which Thomas T. Woodall, P.J., and Robert L. Holloway, Jr.,
W. WEDEMEYER, JUDGE
case arises out a controlled buy between the Defendant and a
confidential informant ("CI") that occurred within
a thousand feet of Bransford Elementary School. A Robertson
County grand jury indicted the Defendant for sale of cocaine
within 1, 000 feet of a school and delivery of cocaine within
1, 000 feet of a school. At trial, the parties presented the
M. Davis, the Director of Schools for the Robertson County
Board of Education, testified that Bransford Elementary,
located in Springfield, Tennessee, is a school that serves
kindergarten and preschool students. He estimated that
approximately two hundred students attend Bransford
Brewer, a City Engineer for the City of Springfield,
testified that he created a map with a "thousand foot
zone" around Bransford Elementary with the use of GPS
equipment. Mr. Brewer confirmed that the intersection of
Elmwood Drive and 15thAvenue is within a thousand
feet of Bransford Elementary.
testified that she first used cocaine when she was fifteen
years old. She described her cocaine use as recreational
until the age of twenty-six or twenty-seven. At that time,
she was introduced to crack cocaine and developed a daily
habitual use of the drug. The CI recalled that, in August
2013, she agreed to work with narcotic officers Detective
Eddie Stewart and Detective Eric Elliott. The CI said that
her role was to arrange to purchase one gram of crack cocaine
from James Johnson, Jr., a co-defendant. The CI stated that
she had known the Defendant for several years.
August 21, 2013, the CI met with Detective Stewart and
Detective Elliott, and they searched the CI and her vehicle.
The CI contacted James Johnson, Jr. and arranged to buy one
gram of crack cocaine for fifty dollars. The telephone
conversation between the CI and Mr. Johnson was recorded, and
the recording was played for the jury. In the recording, the
CI asked Mr. Johnson how much for a "G." Mr.
Johnson responded, "[F]ifty." He then told the CI
where to meet him for the exchange. Following this phone
conversation, the detectives provided the CI with three
twenty dollar bills and a video surveillance device for her
car. The CI then drove to 15th and Elmwood to buy
one gram of crack cocaine.
testified that she parked at "a project" located
"at the bottom of 15th on the right hand
side." Shortly thereafter, Mr. Johnson and the Defendant
pulled in behind and to the left of the CI's vehicle in a
light-colored van. The Defendant exited the van and handed
the CI a "tied up baggie" containing a gram of
crack cocaine. In return, the CI handed the Defendant the
sixty dollars of "buy money" the detectives had
provided. The Defendant then reached into the van and
retrieved two five dollar bills in change and gave it to the
CI. After receiving the change, the CI drove to a prearranged
location to meet with the detectives. The CI turned ...