State of Tennessee v. Derrick Johnson

A Shelby County Criminal Court jury convicted the Defendant, Derrick Johnson, of
conspiracy to possess with the intent to sell 150 grams or more of heroin in Count 1 and
conspiracy to possess with the intent to deliver 150 grams or more of heroin in Count 2,
and the trial court imposed an effective sentence of eighteen years. On appeal, the
Defendant argues (1) the evidence is insufficient to sustain his convictions; (2) the trial
court abused its discretion in allowing the State to present evidence of the November 19,
2017 phone conversations on redirect examination; (3) the trial court abused its discretion
in failing to replay the October 25, 2017 phone recordings for the jury; (4) the trial court
abused its discretion in denying his motion for a mistrial after the prosecutor, during its
rebuttal closing argument, improperly commented on the Defendant’s constitutional right
to remain silent; and (5) the trial court abused its discretion in imposing an effective
eighteen-year sentence. After review, we remand the case for entry of corrected judgment
forms in Counts 1 and 2 as specified in this opinion. In all other respects, the judgments of
the trial court are affirmed.