Court of Criminal Appeals of Tennessee, Nashville
Session May 16, 2018
from the Circuit Court for Wilson County No. 16-CR-556 Brody
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
R. App. P. 3 Appeal as of Right; Judgments of the Circuit
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.
H. Montgomery, Jr., J., delivered the opinion of the court,
in which Norma McGee Ogle and Alan E. Glenn, JJ., joined.
H. MONTGOMERY, JR., JUDGE
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 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 ...