State of Tennessee v. Justin Darnay Graves

A Madison County jury convicted the defendant, Justin Darnay Graves, of two counts of
simple possession of heroin, introduction of contraband into a penal facility, tampering
with evidence, speeding, and driving while unlicensed, for which he received an effective
sentence of six years in confinement. On appeal, the defendant contends the evidence
presented at trial was insufficient to support his conviction for tampering with evidence.
The defendant also argues the trial court erred in classifying his conviction for introduction
of contraband into a penal facility as a Class C felony. Following our review, we affirm
the judgments of the trial court with respect to the defendant’s convictions for simple
possession, introduction of contraband into a penal facility, speeding, and driving while
unlicensed. However, we reverse and vacate the defendant’s conviction for tampering with
evidence because we conclude the evidence is insufficient to support the conviction.
Furthermore, we remand to the trial court for a new sentencing hearing reflecting that the
introduction of contraband into a penal facility conviction is a Class D felony and for
corrected judgment forms in counts one and two.