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State v. Maddle

Court of Criminal Appeals of Tennessee, Nashville

June 7, 2018

STATE OF TENNESSEE
v.
BOBBIE SUE MADDLE

          April 18, 2018 Session

          Appeal from the Criminal Court for Putnam County No. 2016-CR-89B Gary S. McKenzie, Judge

         The Defendant, Bobbie Sue Maddle, pleaded guilty to five counts of sale of less than .5 grams of methamphetamine, a Class C felony, and two counts of sale of more than .5 grams of methamphetamine, a Class B felony. The trial court imposed an effective fifteen-year sentence. On appeal, the Defendant contends that the trial court abused its discretion when it enhanced her sentences and when it denied her request for a sentence of split confinement with Community Corrections. The Defendant also contends that current sentencing law effectively denied appellate review on these issues. After review, we affirm the trial court's judgments.

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

          Brent Horst, Nashville, Tennessee (at hearing); Craig P. Fickling, District Public Defender and Benjamin D. Marsee, Assistant Public Defender (on appeal), for the appellant, Bobbie Sue Maddle.

          Herbert H. Slatery III, Attorney General and Reporter; Brent C. Cherry, Senior Counsel; Bryant C. Dunaway, District Attorney General; and Bret T. Gunn, Assistant District Attorney General, for the appellee, State of Tennessee.

          Robert W. Wedemeyer, J., delivered the opinion of the Court, in which John Everett Williams and Camille R. McMullen, JJ., joined.

          OPINION

          ROBERT W. WEDEMEYER, JUDGE.

         I. Facts

         This case arises from the Defendant selling methamphetamine to an undercover agent. For this offense, a Putnam County grand jury charged the Defendant with five counts of sale of less than .5 grams of methamphetamine and two counts of sale of more than .5 grams of methamphetamine.

         The Defendant elected to plead guilty to the charges as a Range II offender with the trial court to determine her sentence and the agreement that her sentences would be run concurrently. The guilty plea transcript is not included in the record, so the following summary of the facts is taken from the presentence report:

On 02/24/15, agents of the Drug Task Force conducted an undercover drug purchase using a confidential source and confidential funds. Half a gram of methamphetamine was purchased for $50.00 from [the Defendant.]
On 02/25/15, 03/25/15, 04/23/15, 05/12/15, and 05/19/15, agents of the Drug Task Force conducted undercover drug purchases with the use of a confidential source and confidential funds. During each transaction, one (1) gram of methamphetamine was purchased for $100.00 from [the Defendant].
On 5/21/15, Detective Chuck Johnson with the Putnam County Sheriff's Department, . . . executed a search warrant on the [Defendant's residence]. The search warrant was the result of an investigation from several tips indicating illegal manufacture and sale of methamphetamine which resulted in several controlled purchases of methamphetamine from [the Defendant]. A search of the home yielded the following: ground up ephedrine, red powder believed to be red phosphorus, zepherex pseudoephedrine 58 tables still in blister packs, crystal drain opener, one quart jar half full of unknown liquid, Kingsford lighter fluid 1/8 full, crystal heat drain opener 3/4 full, cold pack opened and 1/4 full, full bottle of drain opener, three (3) red containers containing a substance that field tested positive for methamphetamine, various unidentified pills, drug paraphernalia used for smoking methamphetamine, and $462.00 in cash, $80.00 of which was found to be confidential funds used in previous controlled methamphetamine purchases. [The Defendant] and Eddie Maddle were both charged with possession of Schedule II methamphetamine for resale and transported to the Putnam County Jail.

         B. Sentencing

         The following evidence was presented at the sentencing hearing: The State submitted the presentence report into the record as an exhibit; the State declined to present other evidence. On behalf of the Defendant, Linda Loftis testified that she worked at a "sober living" facility in Putnam County as a drug and alcohol counselor. Ms. Loftis met with the Defendant while she was in jail and said that the Defendant was able to identify her long-term addiction to methamphetamine and issues with "co-dependency." Ms. Loftis acknowledged that the Defendant had never successfully completed a drug rehabilitation program. Ms. Loftis stated that an in-patient substance abuse treatment would be best for the Defendant, and stated that it was very beneficial that the Defendant had insurance that could presumably pay for such treatment. She testified that the Defendant's insurance would pay for treatment over a period of fourteen to twenty-eight days, following which she would enter "intensive out-patient" treatment, for a cumulative amount of sixty hours of treatment. With "reasonable progress, " the Defendant could feasibly ...


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