State of Tennessee v. Susan Deshon Winters

The Defendant-Appellant, Susan Deshon Winters, was indicted by a Coffee County Grand Jury for bribery of a public servant (count 1), possession of .5 grams or more of cocaine with the intent to sell or deliver (count 2), possession of marijuana with the intent to sell or deliver (count 3), and possession of drug paraphernalia (count 4). See T.C.A. §§ 39-16-102; 39-17-417(a)(4), (c)(1); 39-17-417(a)(4), (g)(1); 39-17-425. Pursuant to a plea agreement, Winters entered guilty pleas to the charged offenses, with the trial court to determine the length and manner of service of the sentences. The trial court subsequently sentenced Winters as a Range I, standard offender to an effective sentence of eight years in the Tennessee Department of Correction. On appeal, Winters argues that the trial court abused its discretion in denying her a sentence of split confinement. Upon review, we affirm the judgments for bribery of a public servant, possession of marijuana with the intent to sell or deliver, and possession of drug paraphernalia. However, because the record indicates that Winters entered a guilty plea to the indicted offense of possession of .5 grams or more of cocaine with the intent to sell or deliver, a Class B felony, rather than the offense of possession of less than .5 grams of cocaine with the intent to sell or deliver, a Class C felony, we reverse the judgment in count 2 and remand the case for resentencing on that conviction.