Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State v. Lewis

Court of Criminal Appeals of Tennessee, Nashville

August 22, 2017

STATE OF TENNESSEE
v.
TARELL D. LEWIS

          Assigned on Briefs July 19, 2017

         Appeal from the Criminal Court for Davidson County Nos. 2016-A-60, 2016-A-61, 2016-B-593 Steve Dozier, Judge

         The defendant, Tarell D. Lewis, appeals his Davidson County Criminal Court guilty-pleaded convictions of two counts of the sale of heroin, one count of the possession with intent to sell heroin, and one count of being a felon in possession of a firearm, claiming that the trial court erred by ordering a fully-incarcerative sentence. Discerning no error, we affirm.

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

          David Von Wiegandt, Nashville, Tennessee, for the defendant, Tarell D. Lewis.

          Herbert H. Slatery III, Attorney General and Reporter; Clark B. Thornton, Assistant Attorney General; Glenn R. Funk, District Attorney General; and Edward Ryan, Assistant District Attorney General, for the appellee, State of Tennessee.

          James Curwood Witt, Jr., J., delivered the opinion of the court, in which John Everett Williams and Timothy L. Easter, JJ., joined.

          OPINION

          JAMES CURWOOD WITT, JR., JUDGE.

         The Davidson County Grand Jury charged the defendant in case number 2016-A-60 with one count of the sale of heroin; in case number 2016-A-61 with one count of the sale of heroin; and in case number 2016-B-593 with one count of the possession with intent to sell cocaine, one count of the possession with intent to sell heroin, one count of simple possession or casual exchange of marijuana, one count of being a felon in possession of a firearm, and one count of employing a firearm during the commission of a dangerous felony having previously been convicted of a dangerous felony. Pursuant to a plea agreement with the State, the defendant agreed to plead guilty to the sale of heroin as charged in case numbers 2016-A-60 and 2016-A-61 and to the possession with intent to sell heroin and being a felon in possession of a firearm as charged in case number 2016-B-593 in exchange for a total effective sentence of 10 years, with the manner of service of the sentence to be determined by the trial court, and the dismissal of the remaining charges in case number 2016-B-593.

         According to the recitation of facts provided by the State during the guilty plea submission hearing, the charges in case numbers 2016-A-60 and -61 related to the controlled purchase of drugs by a confidential informant. Case number 2016-A-60 related to the August 13, 2015 controlled purchase of half a gram of heroin from the defendant. Case number 2016-A-61 related to the September 9, 2015 controlled purchase of one gram of heroin from the defendant. With regard to case number 2016-B-593, the State proffered:

On November 4th, of 2015[, ] approximately 9:20, officers received information from a subject about two male blacks that entered a residence to collect money that was from the s[ale] of drugs and entered the residence with a firearm. A BOLO was put out for an orange Chevrolet with the driver's side window covered with plastic. It possibly could be in the Chatham Place Housing Project.
Officers Justin Fox and Joshua Day went to the area and observed a vehicle fitting that description. The officers approached and the occupants made some movements in the car like they were trying to conceal something. Officers observed a Smith and Wesson .9 millimeter handgun beside [the defendant] in the back right passenger [seat] along with a full[y] loaded magazine, a box of ammunition. There was also a clear plastic bag of three-grams of crack cocaine, .6 grams of heroin[] located in the car all next to [the defendant's] foot in plain view.

         At the December 1, 2016 sentencing hearing, Riley Clements testified that he had known the defendant "since he was a little thing" and that the defendant had worked for Mr. Clements' construction company "several times." He said that the defendant had worked "off and on" over the course of "three or four years." Mr. Clements described the defendant as "[a] very good worker" and insisted that the defendant could "come do work immediately" at a rate of "$15 an hour" if granted a sentence involving release into the community.

         Shantika Howard testified that the defendant was the father of her 10-month-old daughter. The defendant also shared an older daughter with another woman. Ms. Howard said that the defendant cared for his other daughter "all of the time when she was little, " that he had taken the little girl to doctors' appointments, and that "he was the provider of all of that for her." Ms. Howard said that the defendant had been incarcerated since "a couple of months before [their daughter] was born" and that the defendant's continued incarceration was "hard" on her "being a single parent." She testified that the defendant used ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.