State of Tennessee v. Christopher Demotto Linsey

The defendant, Christopher Demotto Linsey, was indicted for tampering with evidence, possession of cocaine with intent to sell or deliver, simple possession of marijuana, possession of heroin, and simple possession of alprazolam. After trial, a jury found the defendant guilty of felony tampering with evidence and misdemeanor simple possession of marijuana, for which he received an effective twelve-year sentence. On appeal, the defendant argues the evidence was insufficient to support the trial court’s decision to deny his request for a renunciation jury instruction with respect to the tampering with evidence charge. The State concedes the evidence presented at trial was insufficient to support the defendant’s tampering with evidence conviction and asserts the jury instruction question has been pretermitted. Upon review, we agree with the State. We affirm the defendant’s conviction for simple possession of marijuana and reverse and vacate the defendant’s conviction for tampering with evidence.