State of Tennessee v. Gregory O. Cherry

The Hardin County grand jury returned two indictments¹ against the Defendant, Gregory O. Cherry, charging him with thirteen drug offenses. In separate plea agreements, the Defendant pled guilty to five offenses: (1) possession with intent to manufacture, deliver, or sell .5 grams or more of cocaine, (2) simple possession of marijuana, (3) possession of drug paraphernalia, (4) selling a Schedule IV controlled substance, and (5) delivering less than .5 grams of cocaine. The plea agreements provided that the Defendant would receive an effective sentence of ten years with the manner of service to be determined by the trial court. Following a sentencing hearing, the trial court ordered that the Defendant’s ten-year sentence be served in the Department of Correction. On appeal, the Defendant argues that the trial court erred in denying an alternative sentence. Finding no error, we affirm the judgments of the Hardin County Circuit Court.