Court of Criminal Appeals of Tennessee, Nashville
Assigned on Briefs May 10, 2017
from the Circuit Court for Lincoln County No. 2016-CR-85
Forest A. Durard, Jr., Judge.
Defendant, Timothy Waymond Henderson, pled guilty to sale of
less than .5 grams of cocaine and to delivery of less than .5
grams of cocaine, Class C felonies, with the sentencing to be
left to the trial court's later determination. The trial
court merged the convictions and sentenced the Defendant as a
Range II, multiple offender to ten years in the Department of
Correction, to be served consecutively to any unexpired
sentences. On appeal, the Defendant argues that the trial
court imposed an excessive sentence and erred in denying
alternative sentencing. Following our review, we affirm the
sentencing determinations of the trial court.
R. App. P. 3 Appeal as of Right; Judgment of the Circuit
Orr Hargrove, District Public Defender; and William J.
Harold, Assistant Public Defender, for the appellant, Timothy
Herbert H. Slatery III, Attorney General and Reporter; Ruth
Anne Thompson, Senior Counsel; Robert J. Carter, District
Attorney General; and Ann Fowler, Assistant District Attorney
General, for the appellee, State of Tennessee.
E. Glenn, J., delivered the opinion of the court, in which
Norma McGee Ogle and Robert H. Montgomery, Jr., JJ., joined.
E. GLENN, JUDGE.
August 2, 2016 guilty plea hearing, the State recited the
facts it would have presented had the case proceeded to
[O]n 10-22-2015 Investigator Jubal Ragsdale and Mike Pitts
with the Lincoln County Sheriff's Department along with
Special Agent Ryan Dalton with the [Tennessee Bureau of
Investigation] met with a confidential informant [CI] at a
On arrival the CI and the residence were searched by law
enforcement for contraband. Both of those searches were
negative for any results. The CI was equipped with an
audio/video recording device and given $200 in confidential
funds for purchase of [an] 8 ball of crack cocaine from the
Deputies left the CI at that location.
A little bit later the [D]efendant arrived at that
predetermined location where he entered the residence, handed
the CI a white rock substance and the CI in ...