State of Tennessee v. Johnny Bernard Temple

Case Number
W2007-01657-CCA-R3-CD

The Defendant, Johnny Benard Temple, was convicted of eight counts of delivery of .5 ounces or more of marijuana, a Schedule VI controlled substance, and two counts of delivery of .5 grams or more of cocaine, a Schedule II controlled substance. He was sentenced as a career offender to an effective sentence of 102 years in the Department of Correction. In this direct appeal, he argues that (1) the trial court improperly denied his two requests for a continuance; and (2) the trial court ordered consecutive sentencing in violation of the Sixth Amendment to the United States Constitution.1 We conclude that these arguments lack merit and accordingly affirm. Because of certain inconsistencies between the Defendant’s sentences as announced at his sentencing hearing and his sentences as recorded on his judgment forms, however, we remand for clarification and entry of corrected judgments.

Authoring Judge
Judge David H. Welles
Originating Judge
Judge Joseph H. Walker, III
Case Name
State of Tennessee v. Johnny Bernard Temple
Date Filed
Dissent or Concur
This is a dissenting opinion
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