State of Tennessee v. Latoya T. Waller

The Appellant, Latoya T. Waller, was charged in a two-count indictment with possession with intent to sell or deliver .5 grams or more of a substance containing cocaine, a Class B felony, and simple possession of marijuana, a Class A misdemeanor. See Tenn. Code Ann.__ 39-17-417(c)(1), -418(c). Pursuant to a plea agreement, she pleaded guilty to simple possession of marijuana, and the State dismissed the felony cocaine charge. She subsequently filed a Motion for Expungement and requested that the trial court expunge the felony cocaine charge from her record. The trial court denied her motion. In this appeal by writ of certiorari, the appellant contends that the trial court erred by denying her Motion for Expungement of count one of the indictment. After reviewing the record, we reverse the denial of the appellant's motion and remand to the trial court for entry of an order requiring expungement of all records relating to the felony cocaine charge, count one of the indictment.