State of Tennessee v. Franklin Childs, Jr.

After an unsuccessful motion to dismiss the indictment against him, the Defendant, Franklin Childs, Jr., pled guilty to one count of promoting the manufacture of methamphetamine and sought to reserve a certified question of law.   See Tenn. R. Crim. P. 37(b)(2).  In this appeal, he attempts to challenge the trial court’s refusal to grant his pre-trial motion to dismiss, alleging that the State’s failure to preserve evidence foreclosed his right to a fundamentally fair trial and that dismissal of the indictment was the only appropriate remedy.  Following our review, we conclude that we do not have jurisdiction to decide this appeal because the issue presented is not dispositive.  Consequently, the appeal is dismissed.