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State v. Jackson

Court of Criminal Appeals of Tennessee, Nashville

October 21, 2019

STATE OF TENNESSEE
v.
GEARY N. JACKSON, SR.

          Assigned on Briefs October 16, 2019

          Appeal from the Criminal Court for Wilson County No. 2018-CR-450 Brody N. Kane, Judge

         Defendant, Geary N. Jackson, Sr., pled guilty to three counts of sale of oxymorphone, a Class C felony. Following a hearing, the trial court sentenced Defendant as a career offender to consecutive fifteen-year sentences. On appeal, Defendant asserts that his sentence is excessive and not in conformity with the purposes of the Sentencing Act. Upon review, we affirm the judgments of the trial court.

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

          Taylor M. Durrett, Lebanon, Tennessee, for the appellant, Geary N. Jackson, Sr.

          Herbert H. Slatery III, Attorney General and Reporter; Ronald L. Coleman, Assistant Attorney General; Tom P. Thompson, Jr., District Attorney General; and Jason Lawson, Assistant District Attorney General, for the appellee, State of Tennessee.

          Robert L. Holloway, Jr., J., delivered the opinion of the court, in which James Curwood Witt, Jr., and Robert H. Montgomery, Jr., JJ., joined.

          OPINION

          ROBERT L. HOLLOWAY, JR., JUDGE

         Factual and Procedural Background

         In April 2018, the Wilson County Grand Jury indicted Defendant, in case number 2018-CR-450, for the following offenses:

         Count Offense Classification

1

Sale of oxymorphone, a Schedule II controlled substance

C felony

2

Sale of oxymorphone, a Schedule II controlled substance

C felony

3

Sale of oxymorphone, a Schedule II controlled substance

C felony

4

Sale of oxymorphone, a Schedule II controlled substance

C felony

5

Possession of oxymorphone, a Schedule II controlled substance, with intent to sell or deliver

C felony

6

Possession of .5 grams or more of cocaine with intent to sell or deliver

B felony

7

Possession of drug paraphernalia

A misdemeanor

8

Possession of a firearm during the commission of a dangerous felony

E felony

9

Possession of a firearm during the commission of a dangerous felony

E felony

10

Possession of a firearm during the commission of a dangerous felony

E felony

11

Possession of a firearm by a convicted felon

C felony

12

Possession of a firearm by a convicted felon

C felony

13

Possession of a firearm by a convicted felon

C felony

         Guilty Plea Submission Hearing

         Defendant entered open guilty pleas to Counts 1-3 and agreed that the trial court would determine his offender classification and the length, alignment, and manner of service of his sentences. In exchange for Defendant's guilty plea, the State agreed to enter a nolle prosequi in Counts 4-13. The State also agreed to dismiss Defendant's charges in Wilson County case numbers 2018-CR-1010; 2017-CR-644; and 2017-CR-889.[1]

         At the guilty plea submission hearing, the State presented the following factual basis for Defendant's plea:

[Defendant] is pleading guilty in three counts. The first count that he's pleading guilty to occurred on March 7th of 2017. On that day, a confidential informant working with the Lebanon Police Department told the agent that he knew that [Defendant] was selling [O]pana, that's the common name. The ...

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