State of Tennessee v. Gregory O. Cherry

The defendant, Gregory O. Cherry, was indicted for possession of .5 grams or more of cocaine with intent to manufacture, deliver, or sell; sale of less than .5 grams of cocaine; delivery of less than .5 grams of cocaine; and possession of drug paraphernalia. After the denial of a motion to suppress, he was convicted by a jury of possession of .5 grams or more of cocaine with intent to sell, delivery of less than .5 grams of cocaine, and possession of drug paraphernalia and sentenced to an effective sentence of eight years, to be served consecutively to two other sentences. This court dismissed the notice of appeal because it was filed before the trial court issued a final order from which to appeal. See State v. Gregory O. Cherry, No. W2006-00015-CCA-R3-CD, 2007 WL 2155740, at *1 (Tenn. Crim. App. July 27, 2007). The defendant then filed a “Petition for Delayed Motion for New Trial,” which the trial court denied, and this appeal followed. On appeal, he challenges: (1) the denial of the motion to suppress his statement and the evidence obtained by a warrantless search of his vehicle; and (2) the sufficiency of the evidence. Following our review, we affirm the judgments of the trial court.