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State v. Cantrell

Court of Criminal Appeals of Tennessee, Nashville

May 24, 2018

STATE OF TENNESSEE
v.
JOHN WESLEY CANTRELL, JR.

          Assigned on Briefs December 13, 2017

          Appeal from the Criminal Court for Davidson County No. 2012-A-660 Cheryl A. Blackburn, Judge

         The Appellant, John Wesley Cantrell, Jr., pled guilty in the Davidson County Criminal Court to possessing one-half gram or more of cocaine with intent to sell and selling less than one-half gram of cocaine and received ten- and three-year sentences, respectively, to be served on supervised probation. Subsequently, the trial court revoked his probation. On appeal, the Appellant contends that the trial court erred by ordering that he serve his ten-year sentence in confinement. Based upon the record and the parties' briefs, we affirm the judgment of the trial court.

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

          Emma Rae Tennent (on appeal) and Julia Bigsby (at hearing), Nashville, Tennessee, for the appellant, John Wesley Cantrell, Jr.

          Herbert H. Slatery III, Attorney General and Reporter; James E. Gaylord, Senior Counsel; Glenn R. Funk, District Attorney General; and Leandra Justus Varney, Assistant District Attorney General, for the appellee, State of Tennessee.

          Norma McGee Ogle, J., delivered the opinion of the court, in which Camille R. McMullen and Timothy L. Easter, JJ., joined.

          OPINION

          NORMA MCGEE OGLE, JUDGE

         I. Factual Background

         In March 2012, the Davidson County Grand Jury filed a nine-count indictment, charging the Appellant with various drug offenses and tampering with evidence. On June 21, 2012, the Appellant pled guilty to one count of possessing one-half gram or more of cocaine with intent to sell, a Class B felony, and one count of selling less than one-half gram of cocaine, a Class C felony, and the State dismissed the remaining charges.

         Pursuant to the plea agreement, the Appellant received a ten-year sentence for possessing cocaine with intent to sell and a three-year sentence for selling cocaine. The Appellant was to serve the sentences concurrently on supervised probation.

         The Appellant violated the terms of his probation three times between July 2012 and August 2016. For each violation, the trial court reinstated the Appellant's probation.

         On March 3, 2017, the Appellant's probation supervisor signed an affidavit for violation of probation, alleging that the Appellant violated his probation by being charged with gambling and numerous violations of the liquor laws, including seven counts of unlawful sale of alcohol and four counts of unauthorized storage of alcohol for sale. At the Appellant's April 5, 2017 revocation hearing, he acknowledged that he "picked up" the new charges at "the Mission" and that he pled guilty to "a few" of the charges. Defense counsel instructed the Appellant to tell the trial court "what was going on with the alcohol and the poker and being at the Mission, " and the Appellant stated as follows:

Unfortunately a lot of guys that I graduated high school [their] lives has turned bad, and they live at the Mission. And, you know, we've been good since high school, so I go down there and we play cards. And, you know, of course, they like to drink liquor. I'm not a big liquor drinker, but they like to drink liquor. So some guys from the Mission had been stealing from the big liquor store Frugal MacDoogal, so they won't let the Mission people walk in and buy. So they asked me would I go get liquor -- could they make a list and, you know, I go get liquor. And then they don't have to get someone to go to the liquor ...

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