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State of Tennessee v. Shawn Nicholas Ferguson
Citation: Not availableDocket: M2008-00241-CCA-R3-CD
Court: Court of Criminal Appeals of Tennessee; May 19, 2009; Tennessee; State Appellate Court
Original Court Document: View Document
Shawn Nicholas Ferguson pleaded guilty in the Marshall County Circuit Court to possession with intent to sell marijuana, possession with intent to deliver marijuana, and possession of drug paraphernalia. The court merged the possession with intent to deliver marijuana conviction with the possession with intent to sell conviction, resulting in a combined sentence of one year and one month for the Class E felony, to be served in the Department of Correction, along with a concurrent 11-month and 29-day sentence for the drug paraphernalia charge. Ferguson appealed, arguing that the trial court erred in imposing a fully incarcerative sentence rather than an alternative sentence. However, the appellate court noted that the record lacked a transcript of the plea submission or sentencing hearings, which is essential for a fair review of the case. Due to this inadequacy, the court determined that it must presume the trial court acted correctly in denying alternative sentencing. Consequently, the appellate court affirmed the trial court's judgments.