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STATE v. ARCHIBALD

No. M2009-00545-CCA-R3-CD.

334 S.W.3d 212 (2010)

STATE of Tennessee v. Robert Lee ARCHIBALD, Jr.

Court of Criminal Appeals of Tennessee, at Nashville.

February 12, 2010.

Application for Permission to Appeal Denied by Supreme Court August 25, 2010.

Attorney(s) appearing for the Case

Robert E. Cooper, Jr. , Attorney General and Reporter; Benjamin A. Ball , Assistant Attorney General; Victor S. Johnson, III , District Attorney General; and Hugh T. Ammerman , Assistant District Attorney General, for the appellant, State of Tennessee.

Frank E. Mondelli and Peter D. Heil , Nashville, Tennessee, for the appellee, Robert Lee Archibald, Jr.

OPINION

DAVID H. WELLES, J., delivered the opinion of the court, in which JERRY L. SMITH and THOMAS T. WOODALL, JJ., joined.

The Defendant, Robert Lee Archibald, Jr., was charged with one count of possession with intent to sell or deliver twenty-six grams or more of cocaine within 1000 feet of a school, one count of possession of drug paraphernalia, and one count of possession of a firearm during the commission of a dangerous felony. He filed a motion to...

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