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State v. Milligan

Court of Criminal Appeals of Tennessee, Jackson

November 19, 2019

STATE OF TENNESSEE
v.
RANDY MILLIGAN

          Assigned on Briefs November 5, 2019

          Appeal from the Circuit Court for McNairy County No. 4011 J. Weber McCraw, Judge

         Randy Milligan ("Defendant") pled guilty, as a Range III persistent offender, to delivery of a Schedule III controlled substance, a Class D felony. At a subsequent hearing, the trial court sentenced Defendant to eleven years, with a forty-five percent release eligibility, to serve in the Tennessee Department of Correction. On appeal, Defendant argues that the trial court abused its discretion by denying Defendant's request for a suspended sentence. Following a thorough review, we affirm the judgment of the trial court.

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

          J. Colin Rosser, Somerville, Tennessee, for the appellant, Randy Milligan.

          Herbert H. Slatery III, Attorney General and Reporter; Sophia S. Lee, Senior Assistant Attorney General; Mark E. Davidson, District Attorney General; and Lisa Miller, Assistant District Attorney General, for the appellee, State of Tennessee.

          Robert L. Holloway, Jr., J., delivered the opinion of the court, in which John Everett Williams, P.J., and Camille R. McMullen, J., joined.

          OPINION

          ROBERT L. HOLLOWAY, JR., JUDGE

         I. Factual and Procedural History

         Sentencing hearing

         Defendant's presentence report contained the following facts regarding the offense:[1]

On 8/23/2018 [Investigators] Kellum and Rickman met with a confidential source . . . in Selmer, McNairy County[, ] Tennessee to conduct an undercover purchase [of] sublingual pills[2] from [Defendant]. [The CI] met with . . . [Investigator] Kellum searched [the CI] and the vehicle. [The CI] was fitted with an audio/video recorder and an audio transmitter and provided $50.00 to make the purchase with. At approximately 10:42 [a.m.] [the CI] left the meeting location to travel [to] 149 Old Stantonville Road[, ] Selmer, [Tennessee] 38375 while officers monitored nearby with the audio transmitter.
At approximately 10:45 [a.m.] [the CI] arrive[d] at 149 Old Stantonville Road. [Defendant] [got] into [the CI's] vehicle. At approximately 10:46 [a.m.] [the CI] and [Defendant] [left] 149 Old Stantonville Road. At approximately 10:46 [a.m.] [the CI] and [Defendant] arrive[d] at Lott's [P]harmacy to get his sublingual prescription filled. [Defendant] [wa]s inside the pharmacy for a few minutes and then [came] back to the vehicle. At approximately 10:51 [a.m.] [the CI] and [Defendant] leave 835 Mulberry Avenue. At approximately 10:54 [a.m.] [the CI] and [Defendant] arrive[d] at Old Stantonville Road. [Defendant] exit[ed] the vehicle and [went] inside the residence. [Defendant] then return[ed] and [gave] [the CI] two sublingual pills. At approximately 10:55 [a.m.] [the CI] [left] 149 Old Stantonville Road to meet back with officers.
At approximately 10:58 [a.m.] [the CI] arrive[d] back at [the] meeting location with officers where [Investigator] Kellum recovered Exhibit 1 (being 2 sublingual pills) and [another] Exhibit . . . (being the audio/video recording of the conversation and transaction between [the CI] and [Defendant]). [Investigator] Kellum again searched [the CI] ...

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