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STATE v. HAYES

No. M2008-01066-CCA-R3-CD.

337 S.W.3d 235 (2010)

STATE of Tennessee v. Joshua Shane HAYES.

Court of Criminal Appeals of Tennessee, at Nashville.

August 18, 2010.

Application for Permission to Appeal Denied by Supreme Court February 17, 2011.

Attorney(s) appearing for the Case

Richard McGee and Kevin McGee , Nashville, Tennessee (on appeal); Erik R. Herbert , Nashville, Tennessee; Pal Lengyel-Leahu , Santa Monica , California; and Harry Christensen , Lebanon, Tennessee (at trial) for the appellant, Joshua Shane Hayes.

Robert E. Cooper, Jr. , Attorney General and Reporter; Frank Borger Gilligan , Assistant Attorney General; Victor S. Johnson, III , District Attorney General; John Zimmerman , Assistant District Attorney General; and Rachel Sobrero , Assistant District Attorney General, for the appellee, the State of Tennessee.

OPINION

THOMAS T. WOODALL, J., delivered the opinion of the court, in which JERRY L. SMITH and ROBERT W. WEDEMEYER, JJ., joined.

Following a jury trial, Defendant, Joshua Shane Hayes, was convicted of possession with intent to deliver three-hundred grams or more of cocaine (count one), manufacturing twenty or more marijuana plants (count two), and possession with intent to deliver more than ten pounds but less than seventy pounds of marijuana (count three...

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