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State v. Henderson

Court of Criminal Appeals of Tennessee, Nashville

July 6, 2017

STATE OF TENNESSEE
v.
TIMOTHY WAYMOND HENDERSON

          Assigned on Briefs May 10, 2017

         Appeal from the Circuit Court for Lincoln County No. 2016-CR-85 Forest A. Durard, Jr., Judge.

         The 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.

         Tenn. R. App. P. 3 Appeal as of Right; Judgment of the Circuit Court Affirmed.

          Donna Orr Hargrove, District Public Defender; and William J. Harold, Assistant Public Defender, for the appellant, Timothy Waymond Henderson.

          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.

          Alan E. Glenn, J., delivered the opinion of the court, in which Norma McGee Ogle and Robert H. Montgomery, Jr., JJ., joined.

          OPINION

          ALAN E. GLENN, JUDGE.

         FACTS

         At the August 2, 2016 guilty plea hearing, the State recited the facts it would have presented had the case proceeded to trial:

[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 predetermined location.
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 [D]efendant.
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 ...

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