State of Tennessee v. Douglas E. Linville

A jury convicted Douglas E. Linville of multiple drug offenses that occurred in a drug-free zone, in this case within 1,000 feet of a city park.  Because the offenses occurred in a drug-free zone, the trial court imposed sentences that required full service of at least the minimum term within the appropriate sentencing range prior to release.  See Tenn. Code Ann. § 39-17-432(c) (2014) (amended 2020 & 2022).  On appeal, the Court of Criminal Appeals rejected challenges to the convictions.  However, consistent with Mr. Linville’s brief, the intermediate appellate court noted that the judgment for one of the convictions erroneously referred to the controlled substance at issue—Xanax or Alprazolam—as Schedule III when it was actually Schedule IV.  In so noting, the court also concluded sua sponte that the felony class reflected on the judgment for that conviction was incorrect because Tennessee law required a one-class enhancement for an offense that occurred in a drug-free zone.  See Tenn. Code Ann. § 39-17-432(b)(1) (2014).  We accepted Mr. Linville’s appeal.  Based on our review of the relevant statutory provisions, we conclude that because the drug-free zone in this case related to a public park, the offenses were not subject to a one-class enhancement.  We, however, further conclude that the offenses were subject to the requirement to serve in full at least the minimum sentence for the appropriate range prior to release.  Accordingly, we reverse the decision of the Court of Criminal Appeals in part, affirm the judgments of the trial court, and remand this matter to the trial court for correction of a clerical error in one judgment.