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IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT JACKSON
Assigned on Briefs May 3, 2011 STATE OF TENNESSEE v. RICHARD ALEXANDER HERRERA
Appeal from the Circuit Court for Obion County No. CC-10-CR-77 William B. Acree, Judge

No. W2010-01826-CCA-R3-CD - Filed July 5, 2011

The Defendant, Richard Alexander Herrera, was charged with sexual exploitation of a minor, a Class B felony.1 Following the denial of his motion to suppress evidence seized as a result of the issuance of a search warrant in another case, the Defendant pled guilty to sexual exploitation of a minor, a Class C felony. In accordance with the plea agreement, the trial court sentenced the Defendant as a Range II, multiple offender to eight years in the Tennessee Department of Correction. Pursuant to Rule 37(b)(2)(A) of the Tennessee Rules of Criminal Procedure, the Defendant sought to reserve a certified question of law challenging the trial court's denial of his motion to suppress. Following our review, we conclude that the certified question of law the Defendant sought to reserve on appeal is not dispositive of the case. The appeal is dismissed. Tenn. R. App. P. 3 Appeal as of Right; Appeal is Dismissed. D. K ELLY T HOMAS, J R., J., delivered the opinion of the court, in which D AVID H. W ELLES and N ORMA M CG EE O GLE, JJ., joined. Joseph P. Atnip, District Public Defender, and William K. Randolph, Assistant Public Defender, for the appellant, Richard Alexander Herrera. Robert E. Cooper, Jr., Attorney General and Reporter; Sophia S. Lee, Assistant Attorney General; Thomas A. Thomas, District Attorney General; and Kevin David McAlpin, Assistant District Attorney General, for the appellee, State of Tennessee.

1

The offense was classified as a Class B felony because the Defendant possessed more than 100 images of minors engaged in sexual activity. See Tenn. Code Ann.

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