State of Tennessee v. Artez L. Moreis

The defendant, Artez L. Moreis, appeals as of right his convictions by a Shelby County Criminal Court jury for sale of cocaine, possession of cocaine with intent to sell, and possession of cocaine with intent to deliver, all Class C felonies. The trial court sentenced him as a career offender to three concurrent, fifteen-year sentences to be served in the Department of Correction. He contends that (1) the evidence is insufficient to support his convictions, (2) his three convictions stemming from a single drug transaction violate double jeopardy, (3) his prior felony drug convictions were inadmissible to impeach him, (4) the jury instructions should have included the lesser included offense of facilitation of the sale of cocaine and improperly defined knowingly, and (5) his sentence constitutes cruel and unusual punishment and should be served on community corrections. We reverse the defendant’s convictions because his prior felony drug convictions were inadmissible and remand the case for a new trial.