State of Tennessee v. Markell Nolen

A jury convicted the Defendant of one count of possessing methamphetamine with the intent to sell; one count of possessing methamphetamine with the intent to deliver; and one count of driving with a cancelled, suspended, or revoked driver’s license. The trial court merged the drug convictions and subsequently sentenced the Defendant to an effective term of ten years’ incarceration. In this direct appeal, the Defendant claims that he should receive a new trial based on the ineffective assistance of counsel at trial. The Defendant also challenges the sufficiency of the evidence supporting his drug convictions. We affirm the trial court’s denial of the Defendant’s claim of ineffective assistance of counsel. We further hold that the evidence is not sufficient to support the Defendant’s drug convictions. Accordingly, we reverse and vacate the Defendant’s drug convictions and dismiss the charges.