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· 1/2/2024

State of Tennessee v. Seth Powell

Syllabus

A Knox County Criminal Court jury convicted the defendant, Seth Powell, of possession with intent to sell, deliver, or manufacture 15 grams or more of heroin within 1,000 feet of a park possession with intent to sell, deliver, or manufacture fentanyl within 1,000 feet of a park possession with intent to sell, deliver, or manufacture .5 grams or more of cocaine within 1,000 feet of a park three counts of possession of a firearm with the intent to go armed during the commission of a dangerous felony three counts of possession of a firearm with the intent to go armed during the commission of a dangerous felony after having been previously convicted of a dangerous felony and evading arrest. The trial court merged various convictions and imposed an effective 16-year sentence. On appeal, the defendant contends that the evidence is insufficient to support his convictions, that the trial court erred in failing to exclude inadmissible hearsay evidence, that his separate convictions for possession of heroin and fentanyl should be merged because they were contained in the same mixture, and that his firearm convictions should be merged into one conviction. Upon review, we affirm the judgments of the trial court but remand to the trial court for entry of judgments in Counts 8, 10, 14, and 16 through 21, showing that the charges for those counts were dismissed by the State.

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  • concurring opinion of Leventhal, J.

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