State of Tennessee v. Jimmy Ray Rogers

The appellant, Jimmy Ray Rogers, was convicted by a jury of introducing contraband into a penal institution, possession of marijuana, and driving on a revoked license. He received a total effective sentence of nine years incarceration in the Tennessee Department of Correction. On appeal, the appellant challenges the sufficiency of the evidence supporting his conviction for introduction of contraband into a penal institution and the length of the sentence imposed for that conviction. Upon our review of the record and the parties' briefs, we conclude that the appellant's conviction and sentence for introducing contraband into a penal institution should be affirmed; the appellant's conviction for possession of marijuana should merge into his conviction for introducing contraband into a penal institution; a corrected judgment should be entered reflecting that the appellant was found not guilty of possession of drug paraphernalia; and the appellant's conviction for driving on a revoked license should be reinstated. Therefore, this case is remanded to the trial court for sentencing on the appellant's conviction for driving on a revoked license and for correction of the judgments.