· 6/21/2022

State of Tennessee v. Javier C. Perez

Syllabus

A Washington County Criminal Court convicted the Appellant, Javier C. Perez, of possessing .5 grams or more of methamphetamine, a Schedule II controlled substance, with the intent to sell, a Class B felony. See Tenn. Code Ann. § 39-17-434. The trial court sentenced the Appellant to eight years of incarceration in the Tennessee Department of Correction. On appeal, the Appellant raises the following issues for review: (1) whether the evidence was sufficient to sustain his conviction (2) whether the trial court erred by instructing the jury pursuant to Tennessee Code Annotated section 39-17-419 that they could infer the intent to sell based upon the amount of drugs possessed (3) whether the trial court erred in denying the Appellant's motion for mistrial after Officer Curtis testified regarding \drug mules\ (4) whether the trial court committed plain error by allowing the State to \vouch against the Appellant's credibility in its closing arguments\ and (5) whether the trial court erred in denying the Appellant's motion for new trial based on newly discovered evidence. Upon review, we affirm the judgment of the trial court.

Judges: Judge Norma McGee Ogle

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