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State of Tennessee v. Alejandro Gonzalez
State: Tennessee
Court: Court of Appeals
Docket No: M2005-00756-CCA-R3-CD
Case Date: 02/08/2006
Plaintiff: State of Tennessee
Defendant: Alejandro Gonzalez
Preview:IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE
Assigned on Briefs December 13, 2005 at Knoxville STATE OF TENNESSEE v. ALEJANDRO GONZALEZ
Appeal from the Criminal Court for Davidson County No. 2003-D-3032 Cheryl Blackburn, Judge

No. M2005-00756-CCA-R3-CD - Filed February 8, 2006

The defendant, Alejandro Gonzalez, appeals a certified question of law following his guilty plea to possession of cocaine, within 1000 feet of a school, with intent to sell or deliver, an offense for which he received an eight-year sentence to be served in a community corrections program. The question certified for appeal is whether a Metro Nashville police officer had sufficient cause to search a grocery bag the defendant was carrying, in which the officer found 26 grams of cocaine. Because we hold that the search was lawful and that the fruits thereof were admissible, we affirm. Tenn. R. App. P. 3; Judgment of the Criminal Court is Affirmed. JAMES CURWOOD WITT , JR., J., delivered the opinion of the court, in which JOSEPH M. TIPTON and DAVID G. HAYES, JJ., joined. Vanessa Saenz, Nashville, Tennessee, for the Appellant, Alejandro Gonzalez. Paul G. Summers, Attorney General & Reporter; Mark A. Fulks, Assistant Attorney General; Victor S. Johnson, III, District Attorney General; and Rob McGuire, Assistant District Attorney General, for the Appellee, State of Tennessee. OPINION The evidence presented at the hearing on the defendant's motion to suppress showed that on the evening of September 19, 2003, a food inspector with the Metro Public Health Department, a representative of the fire marshal's office, a sanitation inspector, and three police officers
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