Court of Criminal Appeals of Tennessee, Nashville
Assigned on Briefs May 7, 2019 at Jackson
from the Circuit Court for Cheatham County No. 17993 David D.
Defendant, Todd Samuel Adcock, pled guilty to one count of
sale of heroin, a class B felony. After entering his guilty
plea, the trial court found the Defendant to be a Range III,
persistent offender and sentenced him to twenty-five
years' incarceration. The trial court determined that the
twenty-five-year sentence was to run consecutively to the
Defendant's previous eight-year sentence from Davidson
County. On appeal, the Defendant contends that the trial
court erred (1) by not merging his previous convictions and,
thereby, sentencing the Defendant as a Range III, persistent
offender and (2) by ordering the Defendant's sentence to
run consecutively to his Davidson County sentence. Following
our review, we conclude that the trial court did not err and
affirm the sentencing decision.
R. App. P. 3 Appeal as of Right; Judgment of the Circuit
William B. Lockert III, District Public Defender; and Matthew
T. Mitchell, Assistant District Public Defender, for the
Appellant, Todd Samuel Adcock.
Herbert H. Slatery III, Attorney General and Reporter;
Katharine K. Decker, Assistant Attorney General; Wendell Ray
Crouch, Jr., District Attorney General; and Margaret F. Sagi,
Assistant District Attorney General, for the Appellee, State
Kelly Thomas, Jr., J., delivered the opinion of the court, in
which James Curwood Witt, Jr., J., joined. Thomas T. Woodall,
J., not participating.
KELLY THOMAS, JR., JUDGE
Defendant in this case was indicted on three counts of sale
of a Schedule I controlled substance, heroin. See
Tenn. Code Ann. § 39-17-417. On January 22, 2018, the
Defendant pled guilty to one count and the State dismissed
the remaining two counts, with sentencing to be decided at a
later sentencing hearing. On July 23, 2018, a sentencing
hearing was held to determine the length of the sentence and
the manner of service.
sentencing hearing proceeded as follows. The State called
Officer John McGranahan, of the Tennessee Department of
Correction's Probation and Parole Division, to testify.
Officer McGranahan completed the Defendant's presentence
report prior to the hearing. During the presentence
investigation, he discovered that the Defendant had felony
convictions in both Robertson County and Davidson County.
Officer McGranahan reviewed the Defendant's criminal
convictions and offered certified copies of his convictions
as exhibits. The convictions spanned a period of about
fifteen years. The Defendant gave a written and an oral
statement during his interview with Officer McGranahan,
admitting that he had sold heroin, used drugs, and violated
his probation. Officer McGranahan reviewed the entire record
of the Defendant's convictions, but we will list only
those convictions that are pertinent to this case: three
Class D felonies for theft of property, a Class C felony for
aggravated burglary, and a Class C felony for attempted
aggravated robbery. In total, Officer McGranahan testified
that the Defendant had fifteen felony convictions and had
violated his probation and community supervision multiple
State then called Officer Ronnie Moran to the stand. Officer
Moran testified that on March 31, 2016, and April 7, 2016, he
used a confidential informant to perform a video-recorded
drug transaction with the Defendant. Officer Moran relayed
that he had records of the Defendant's performing three
drug transactions of the sale of heroin, including an
additional date of April 4, 2016, and that these transactions
were the basis for the Defendant's charges. On direct,
Officer Moran was asked if he would have charged the
Defendant differently if he believed the Defendant to be an
addict, as opposed to a dealer. Officer Moran answered in the
affirmative, but based on his knowledge and experience, the
Defendant was classified as a dealer.
State's witness, Dan Schaeffer, testified that he was an
EMS Director for Cheatham County and a "legal death
investigator." Mr. Schaeffer oversaw the ambulance
service and all the associated parts, including employees.
Mr. Schaeffer stated that his division tracked the use of
Narcan on those individuals in Cheatham County who overdosed.
Mr. Schaeffer agreed with the State that there had been an
increase of Narcan use in the county from 2015 to the
present. Mr. Schaeffer answered in the affirmative that a
portion of this increase could be attributed to heroin use.
cross-examination, Mr. Schaeffer testified that he did not
have data prior to 2015 because his division was not tracking
Narcan use during that time. Mr. Schaeffer asserted that the
number of patient encounters with Narcan had continued to
increase with each subsequent year since 2015, and with
"a path for an increase for 2018 as well." ...