State of Tennessee v. Kentrell Lebron Lindsey

Syllabus

The Defendant, Kentrell Lebron Lindsey, appeals the trial court's order requiring him to serve in confinement his effective six-year sentence for his guilty-pleaded convictions of possession of dihydrocodeinone, a Schedule III controlled substance, with the intent to sell or deliver possession of oxycodone, a Schedule II controlled substance, with the intent to sell or deliver and possession of a firearm with the intent to go armed during the commission of a dangerous felony. The trial court found that Tennessee Code Annotated section 39-17-1324(e), which required that the Defendant serve his three-year sentence for the firearm conviction in confinement and consecutively to his sentences for the drug convictions, rendered the Defendant statutorily ineligible for probation for his drug convictions. We conclude, and the State concedes, that the trial court erred in finding the Defendant statutorily ineligible for probation for his drug convictions. Accordingly, we reverse the trial court's denial of probation for the drug convictions and remand the case for the trial court to consider the Defendant's suitability for probation on his three-year sentences for the drug convictions. The trial court's judgments are otherwise affirmed.