State of Tennessee v. Jason White

Syllabus

Jason White, Defendant, was convicted of one count of conspiracy to possess methamphetamine with the intent to sell within a drug-free zone and one count of conspiracy to possess methamphetamine with the intent to deliver within a drug-free zone. Co-defendant Kristina Cole and Co-defendant Montez Mullins were also convicted of one count of conspiracy to possess methamphetamine with the intent to sell within a drug-free zone and one count of conspiracy to possess methamphetamine with the intent to deliver within a drug-free zone in the same trial. See State v. Kristina Cole and Montez Mullins, No. W2017-01980-CCA-R3-CD, 2018 WL 5810011, at 1 (Tenn. Crim. App. Nov. 5, 2018), perm. app. filed. The trial court sentenced Defendant to sixty years as a career offender with release after service of 100% of the sentence. On appeal, Defendant asserts that: (1) the trial court erred in allowing Defendant's trial counsel to represent Defendant despite a conflict of interest (2) the State constructively amended the indictment by obtaining a superseding indictment (3) the trial court erred in admitting: testimony from Andrew Brown Co-defendant Montez Mullins' confession text messages that Detective Mark Gaia retrieved from Co-defendant Cole's three cell phones and marijuana confiscated from Mr. White's vehicle (4) the trial court erred in admitting testimony from Detective Gaia without instructing the jury about witness credibility (5) the State's introduction of Co-defendant Mullins' confession violated Bruton v. U.S., 391 U.S. 123 (1968) (6) the trial court erred in denying Defendant's motion to sever his case from Co-defendants Cole and Mullins (7) the evidence was insufficient for a rational juror to have found Defendant guilty and (8) the State committed prosecutorial misconduct during closing arguments. After a thorough review of the facts and applicable case law, we affirm.