State of Tennessee v. Michael R. Smart

Following a jury trial, the Defendant, Michael R. Smart, was found guilty of sale of a Schedule VI controlled substance, a Class E felony; delivery of a Schedule VI controlled substance, a Class E felony; and simple possession of a Schedule VI controlled substance, a Class A misdemeanor. The trial court merged the sale and delivery convictions and sentenced the Defendant to 2 years for the Class E felony conviction and a consecutive 11 months and 29 days for the Class A misdemeanor conviction. In this appeal as of right, the Defendant contends (1) that the trial court erred in allowing the State to impeach him with his prior conviction of receiving stolen property; (2) that the trial court erred in failing to include the requested defense of entrapment in the jury instructions; and (3) that the trial court erred in sentencing him. Following our review, we affirm the judgments of the trial court.