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State v. Adcock

Court of Criminal Appeals of Tennessee, Nashville

October 24, 2019

STATE OF TENNESSEE
v.
TODD SAMUEL ADCOCK

          Assigned on Briefs May 7, 2019 at Jackson

          Appeal from the Circuit Court for Cheatham County No. 17993 David D. Wolfe, Judge

         The 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.

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

          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 of Tennessee.

          D. Kelly Thomas, Jr., J., delivered the opinion of the court, in which James Curwood Witt, Jr., J., joined. Thomas T. Woodall, J., not participating.

          OPINION

          D. KELLY THOMAS, JR., JUDGE

         FACTUAL BACKGROUND

          The 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.

         The 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 times.

         The 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.

         The 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.

          Upon 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." ...


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