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State v. Clemmons

Court of Criminal Appeals of Tennessee, Nashville

June 25, 2018

STATE OF TENNESSEE
v.
MARK ANTHONY CLEMMONS

          Session May 16, 2018

          Appeal from the Circuit Court for Wilson County No. 16-CR-556 Brody Kane, Judge

         The Defendant, Mark Anthony Clemmons, was convicted upon his guilty pleas of possession with intent to sell not less than one-half ounce nor more than ten pounds of marijuana, a Class E felony; possession with intent to sell a Schedule III controlled substance (dihydrocodeinone), a Class D felony; and two counts of sale of not less than one-half ounce nor more than ten pounds of marijuana, a Class E felony. See T.C.A. §§ 39-17-417 (a)(1), (g)(1) (2014); (possession with intent to manufacture, deliver, or sell marijuana); -417(a)(1), (d)(1) (possession with intent to manufacture, deliver, or sell a Schedule III controlled substance); -417(a)(3), (g)(1) (sale of marijuana). The trial court found that the Defendant was a Range III offender and imposed an effective twenty-seven-year sentence. On appeal, the Defendant contends that the trial court erred in classifying him as a Range III offender because the State failed to provide an adequate notice of its intent to seek Range III sentencing. We affirm the judgments of the trial court.

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

          Michael J. Flanagan (on appeal) and Paul Walwyn (at guilty plea and sentencing hearings), Nashville, Tennessee, for the appellant, Mark Anthony Clemmons.

          Herbert H. Slatery III, Attorney General and Reporter; Sophia S. Lee, Senior Counsel; Tom P. Thompson, Jr., District Attornesy General; Jason Lawson, Assistant District Attorney General, for the appellee, State of Tennessee.

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

          OPINION

          ROBERT H. MONTGOMERY, JR., JUDGE

         The Defendant was charged in a nine-count indictment with various drug-related offenses. The State filed a Notice of Intent to Seek Enhanced Sentence which listed the following offenses and details as the basis for sentence enhancement:

Charge[1] County Date
Schedule II Drugs Cocaine Wilson 10/10/1996
Schedule II Drugs Cocaine Wilson 11/19/1999
Schedule II Drugs Facilitation Wilson 6/1/1996
Simple Possession 3rd Offense Davidson ...

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