State v. Gibson
Annotate this CaseDefendant was convicted of facilitation of possession with intent to deliver 0.5 grams or more of cocaine, an offense proscribed by Tenn. Code Ann. 39-17-417. Because the jury found that the facilitation occurred within 1,000 feet of a school, the trial court concluded that the Drug-Free School Zone Act applied, thus increasing Defendant’s felony classification and requiring service of the entire minimum sentence. The Court of Criminal Appeals affirmed, holding that the Act applied to a conviction for facilitation and that there was sufficient evidence to support the facilitation conviction. The Supreme Court reversed in part and affirmed in part, holding (1) the trial court erred in applying the Act to Defendant’s conviction for facilitation by requiring service of the entire minimum sentence and by increasing the felony classification; and (2) the State’s evidence was sufficient to support the jury’s finding of guilt on the lesser-included offense of facilitation of possession with intent to distribute a controlled substance within 1,000 feet of a school.
Court Description:
Authoring Judge: Justice Sharon G. Lee
Trial Court Judge: Judge Monte Watkins
The primary issue presented is whether the Drug-Free School Zone Act, Tennessee Code Annotated section 39-17-432, applies when a defendant is convicted of facilitation of an offense listed in Tennessee Code Annotated section 39-17-417. The defendant was convicted of facilitation of possession with intent to deliver .5 grams or more of cocaine within 1,000 feet of a school. The trial court applied the Act to increase the defendant s felony classification and to require service of the entire minimum sentence. The Court of Criminal Appeals affirmed the conviction and sentence. State v. Gibson, No. M2014 00598-CCA-R3-CD, 2015 WL 3867567, at *1 (Tenn. Crim. App. June 23, 2015). We granted review to address whether the Act applies to a conviction for facilitation and whether the evidence was sufficient to support the conviction. The State concedes the trial court erred by applying the Act to require service of the entire minimum sentence but argues the Act is a separate criminal offense and supports the higher felony classification. Based on the clear language of the Drug-Free School Zone Act, we hold the Act does not apply to a conviction for facilitation. Therefore, the trial court erred by increasing the felony classification and by requiring service of the entire minimum sentence. Further, we hold the evidence was sufficient to support the conviction for facilitation.
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