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· 4/14/2022

State of Tennessee v. Justin Antonio McDowell

Syllabus

The Defendant, Justin Antonio McDowell, was convicted by a Knox County Criminal Court jury of two counts of possession of more than 0.5 gram of cocaine with the intent to sell or deliver within a drug-free zone, a Class A felony possession of more than twenty-six grams of methamphetamine with the intent to sell, deliver, or manufacture within a drug-free zone, a Class A felony unlawful possession of a firearm by a person previously convicted of a violent felony, a Class B felony and two counts of unlawful possession of a firearm with the intent to go armed during the commission of a dangerous felony, a Class D felony. See T.C.A. §§ 39-17-417(a), (c), (i) (possession of cocaine or methamphetamine) (2018) (subsequently amended) 39-17-1307(b)(1) (possession of a firearm after previously having been convicted of a violent felony) 39-17-1324(a) (possession of a firearm with the intent to go armed during the commission of a dangerous felony) (2018) (subsequently amended) 37-17-1324(g)(2) (increasing the penalty for unlawful possession of a firearm with the intent to go armed during the commission of a dangerous felony, if the defendant had a prior felony conviction at the time of the present offense). The trial court merged two of the firearm convictions and imposed an effective thirty-year sentence, to be served at 100%. On appeal, the Defendant contends that: (1) the evidence is insufficient to support his convictions, (2) the trial court erred in denying his motion to suppress evidence obtained after his unlawful detention and a warrantless search of his car and motel room, (3) the trial court erred in admitting drug evidence because an unbroken chain of custody was not established, and (4) he is entitled to a sentence reduction due to post-sentencing changes to the drug-free zone sentence enhancement statute. We affirm the judgments of the trial court.

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  • no abuse of discretion in denying motion to amend answer where amendment would have been futile

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Judges: Judge Robert H. Montgomery, Jr.

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