State of Tennessee v. Cody Darand Marks

Case Number
M2018-00020-CCA-R3-CD

Defendant, Cody Darand Marks, was convicted of one count of .5 grams or more of cocaine within 1000 feet of a school zone and was sentenced as a Range II offender to fifteen years of incarceration with mandatory minimum service of twelve years at 100%. On appeal, Defendant argues the evidence is insufficient to sustain his conviction because the State failed to prove beyond a reasonable doubt the amount of cocaine that was exchanged within the drug free zone as opposed to the amount that was exchanged earlier at a separate location. Based on his same argument regarding the weight of the cocaine, Defendant additionally argues that the trial court erred by failing to grant his motion for judgment of acquittal, erred by failing to overturn the verdict as thirteenth juror, and erred by failing to provide an enhanced unanimity instruction to the jury. Upon our review of the record and applicable authorities, we affirm the judgment of the trial court.

Authoring Judge
Judge Timothy L. Easter
Originating Judge
Judge Russell Parkes
Case Name
State of Tennessee v. Cody Darand Marks
Date Filed
Dissent or Concur
No
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