State of Tennessee v. Waynard Quartez Winbush

Syllabus

Defendant, Waynard Quartez Winbush, was convicted of various drug offenses and sentenced to an effective sentence of twenty-three years. On appeal, Defendant argues that: (1) he received ineffective assistance of counsel (2) the trial court erred by failing to sever prejudicial offenses (3) the trial court erred by failing to grant a new trial based on prosecutorial misconduct (4) the trial court erred by failing to include lesser-included offenses in the jury instructions (5) the trial court erred by failing to grant a new trial based on newly discovered evidence (6) the trial court erred by failing to dismiss the case based on a violation of Defendant's right to a speedy trial (7) the trial court erred by failing to grant a new trial after failing to rule on Defendant's pretrial motions (8) the trial court erred by allowing the State to improperly introduce evidence (9) the trial court erred by failing to grant a new trial based on witness perjury (10) the evidence was insufficient to sustain the convictions (11) the trial court erred by instructing the jury on the lesser-included offense of simple possession for conspiracy and (12) the trial court erred by failing to grant a new trial based on cumulative errors. After conducting a full review of the record, we determine that Defendant is entitled to relief from his convictions for conspiracy in Counts 3 and 4 because the instructions given to the jury did not match the charges in the presentment, and we vacate Defendant's convictions as to those counts. As to the remaining arguments, we find Defendant is not entitled to relief. Consequently, we reverse the judgments of the trial court in part and affirm the judgments in part.