State of Tennessee v. Wayne Luster Boykin, Sr.

A Madison County Jury convicted the Defendant-Appellant, Wayne Luster Boykin, Sr., of possession with intent to sell more than one-half ounce of marijuana (Count 1), possession with intent to deliver more than one-half ounce of marijuana, (Count 2), both Class E felonies, and possession with intent to use drug paraphernalia (Count 3), a Class A misdemeanor. See T.C.A. §§ 39-17-417, -425(a)(1). He received an effective sentence of four years in confinement. Prior to trial, Boykin filed a motion to suppress arguing that the search warrant and supporting affidavit were based on “stale” information. The trial judge, who was the issuing magistrate for the search warrant, transferred the motion to suppress to be heard by another judge. Following the denial of the motion to suppress, the case was transferred back to the original trial judge to conduct the trial. In this appeal as of right, the Defendant argues: (1) the trial court that heard the motion to suppress erred in denying his motion to suppress the search and his subsequent statement; (2) the trial court that conducted the trial and the motion for new trial erred in its review of the motion to suppress; and (3) that he received an excessive sentence. Upon our review, we remand Count 3 for entry of an amended judgment. In all other respects, we affirm the judgments of the trial court.