Court of Criminal Appeals of Tennessee, Nashville
Assigned on Briefs August 15, 2017 at Knoxville
from the Circuit Court for Marshall County No. 2016-CR-86
Forest A. Durard, Jr., Judge
W. Shelton, the Defendant, was charged with one count of sale
and one count of delivery of a Schedule II controlled
substance. A Marshall County jury found the Defendant guilty
as charged, and the trial court sentenced the Defendant to
fifteen years with release eligibility after service of
forty-five percent of the sentence in the Department of
Correction. On appeal, the Defendant argues that there was
insufficient evidence for a rational juror to have found him
guilty of the offenses beyond a reasonable doubt and that his
sentence is excessive and contrary to law. After a thorough
review of the facts and applicable case law, we affirm.
R. App. P. 3 Appeal as of Right; Judgment of the Circuit
William J. Harold, Lewisburg, Tennessee, for the appellant,
Richard W. Shelton.
Herbert H. Slatery III, Attorney General and Reporter;
Alexander C. Vey, Assistant Attorney General; Robert J.
Carter, District Attorney General; and Edward Barnard,
Assistant District Attorney General, for the appellee, State
L. Holloway, Jr., J., delivered the opinion of the court, in
which Thomas T. Woodall, P.J., and Camille R. McMullen, J.,
L. HOLLOWAY, JR., JUDGE
Factual and Procedural Background
22, 2016, the Marshall County Grand Jury indicted the
Defendant on charges of selling and delivering a Schedule II
Defendant's jury trial, Shawna Love testified that she
had known the Defendant for about a month and had been
messaging him on Facebook. On the morning of March 11, 2015,
she and the Defendant exchanged text messages on their
telephones. The text message exchange included the following:
[THE DEFENDANT]: Ok cool you said you was tired . . . so I
was gonna say I had a tab you could get . . . .
[MS. LOVE]: S**t. Wouldn't that be amazing. I got f****d
up and got into a fight last night. F****d up my elbow and
some more s**t. I'm sore as h**l.
[THE DEFENDANT]: Well[, ] hit me up when you get off we can
hangout[.] [I']m trying to get some perks[,
you smoke to[o][, ] right[?]
[MS. LOVE]: Yea[, ] I smoke. I gotta try and get some money
before I get off. It[']s bill week. . . . [Y]ou know how
[THE DEFENDANT]: Yep[, ] I feel ya[.]
[THE DEFENDANT]: Hey[.]
[THE DEFENDANT]: I got a perk [I']ll snort with you if
you do that[.]
[MS. LOVE]: Was sup[?]
[THE DEFENDANT]: What you doing[?]
[MS. LOVE]: Just got off[, ] about to do a few things then
[THE DEFENDANT]: Well[, ] I just got finished eating but
getting in shower now so if you hit me up before [I']m
done [I']ll hit you right back[.]
[MS. LOVE]: Okay love.
[THE DEFENDANT]: You coming over[?]
[THE DEFENDANT]: I got the house to myself and I got that
perk and some dro so we can ...