State of Tennessee v. Cantrell Lashone Winters

A Davidson County Criminal Court jury convicted the defendant, Cantrell Lashone Winters, of possession of 50 grams or more of hydromorphone in a school zone with intent to sell or deliver, a Class A felony, see T.C.A. §§ 39-17-417(a)(4), (j)(3); 39-17-432(b) (2006), and evading arrest, a Class D felony in this case, see id. § 39-16-603(b)(1), (3). In this appeal, the defendant challenges the trial court’s denial of his motion to suppress evidence obtained during the search of his person following his arrest, the trial court’s denial of his request for substitute counsel, the admission of expert testimony on illegal drug packaging, the sufficiency of the convicting evidence, and the trial court’s denial of his petition for writ of error coram nobis. Because the evidence adduced at trial does not establish that the defendant created a risk of death or injury, his conviction of Class D felony evading arrest must be modified to Class E felony evading arrest. The judgments of the trial court are otherwise affirmed.