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IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE
February 11, 2003 Session STATE OF TENNESSEE v. BRANDON RONALD CRABTREE
Direct Appeal from the Criminal Court for Wilson County Nos. 00-0848, 00-0849, & 99-0489 J. O. Bond, Judge

No. M2002-01470-CCA-R3-CD - Filed May 30, 2003

Following a jury trial, Defendant, Brandon Ronald Crabtree, was found guilty of (1) selling marijuana, a Schedule VI controlled substance in an amount of not less than one-half ounce nor more than ten pounds, a Class E felony, and (2) selling a counterfeit controlled substance, a Class E felony. After a sentencing hearing, Defendant was sentenced to two years for each conviction, and the trial court ordered the sentences to be served consecutively. The trial court also determined at the sentencing hearing that Defendant was then (or at that time) on probation for a prior conviction and that Defendant was in violation of that probation. The trial court revoked Defendant's probation and ordered the original sentence of eighteen months to run consecutively to the sentences imposed for the two felony convictions for an effective sentence of five and one-half years. In his appeal, Defendant does not contest his conviction for selling a Schedule VI controlled substance. However, Defendant contends that the evidence was insufficient to sustain his conviction for the sale of a counterfeit controlled substance. Defendant also challenges the length of his sentences arguing that the trial court failed to follow the principles of the Tennessee Criminal Sentencing Reform Act of 1989 and failed to properly weigh mitigating and enhancing factors. After a careful review of the record, we affirm Defendant's conviction for the sale of a counterfeit controlled substance and affirm the trial court's judgments as to Defendant's sentences. Tenn. R. App. P. 3 Appeal as of Right; Judgments of the Criminal Court Affirmed THOMAS T. WOODA LL, J., delivered the opinion of the court, in which JOSEPH M. TIPTON and JOE G. RILEY, JJ., joined. Lawrence Alan Poindexter, Lebanon, Tennessee, for the appellant, Brandon Ronald Crabtree. Paul G. Summers, Attorney General and Reporter; Helena Walton Yarbrough, Assistant Attorney General; Tom P. Thompson, Jr., District Attorney General; David Durham, Assistant District Attorney General; and Brian Fuller, Assistant District Attorney General, for the appellee, State of Tennessee.

OPINION 1. Sufficiency of the Evidence Because Defendant does not challenge the sufficiency of the evidence pertaining to his conviction for the sale of marijuana, we will outline only those facts involving the transaction which led to his arrest for the sale of a counterfeit controlled substance. During part of 2000, John Welch worked as an informant for the Wilson County Sheriff's Department. On March 20 of that year, Mr. Welch called Detective John Edwards and informed him that he could purchase ecstacy from Defendant. Ecstacy is a common street name for MDMA, a Schedule I controlled substance. See Tenn. Code Ann.

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