State of Tennessee v. Daryl Powell

The Defendant-Appellant, Daryl Powell, appeals from the Sequatchie County Circuit Court's order denying his motion to determine the conditions and status of his probation and requiring him to provide a blood sample to the DNA database, which was entered more than four years after he was sentenced for his conviction for incest, a Class C felony. In his appeal, Powell argues that he complied with the provisions of Tennessee Code Annotated section 40-35-321 when he submitted a blood sample to the DNA database during the investigation of the charges against him in this case. Upon review, we conclude that Powell does not have an appeal as of right pursuant to Tennessee Rule of Appellate Procedure 3(b). Accordingly, we dismiss the appeal.