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State v. Releford2/3/2003
This case arises from officers of the Kingsport Police Department executing a search warrant at the defendant's house on May 31, 2000. At the guilty plea hearing, the parties stipulated that the officers found "baggies" of white powder that the crime laboratory determined to be .5 grams of cocaine. They discovered several baggies of marijuana and dihydrocodeinone pills. Police also found drug paraphernalia, including a grinder, scales, a sifter, baggies, and a microwave containing cocaine residue, which had been used for converting powder cocaine to crack. They recovered several firearms from the defendant's home. Among these was a Calico M-950 pistol that had been stolen during a September 1999 burglary. The defendant, who had been convicted of a federal felony drug offense, did not have the owner's permission to take the pistol.
The defendant pled guilty and received the agreed sentences of eight years as a Range I, standard offender for possession of more than .5 grams of cocaine for resale and four years as a Range III, persistent offender for possession of a handgun by a convicted felon. He received eleven- month-twenty-nine-day sentences for his misdemeanor convictions for possession of dihydrocodeinone, possession of marijuana, possession of drug paraphernalia, and theft of property valued under $500. All of the sentences are concurrent to each other and consecutive to his effective eleven-year sentence in case number S43896, involving convictions for felony destruction of evidence and possession of more than .5 grams of cocaine for resale. The trial court was to determine the manner of service of the sentences.
The probation report reflects that the forty-one-year-old defendant reported dropping out of high school after the tenth grade and getting his G.E.D. He also attended Barclay Career School in California but left to return to Kingsport. He has been married since 1993 and has three children and one step-child. The defendant reported being unemployed since 1998 and previously working at Auto Perfection and Murphy's Auto. The person preparing the report was not able to verify these jobs, finding no listing for Auto Perfection and learning from the owner of Murphy's Auto that the defendant had never worked there. The defendant reported first using alcohol at age fourteen and drinking occasionally. He said he began using marijuana at age thirteen or fourteen and cocaine at age twenty-seven. He said he had used one-half ounce of marijuana a week for the last twelve years and had smoked one gram of cocaine every two days for six or seven of the last fourteen years. He reported last using marijuana and cocaine on February 4, 2001. He said that he had previously received treatment for cocaine use while in prison and also in 1994 through 1995.
The probation report reflects that the defendant has numerous prior convictions, including a 1994 conviction for possession of cocaine with intent to distribute; 1982 convictions for automobile burglary, attempt to pass a forged instrument, escape, and forgery of up to $1000; and a 1981 conviction for passing forged checks. He has misdemeanor convictions for possession of marijuana, possession of drug paraphernalia, reckless endangerment, assault and battery, driving under the influence of an intoxicant, and three traffic offenses. He has been convicted of driving on a revoked license twice in 1992 and once in 1988. Additionally, following the preparation of the probation report, he received the above noted convictions in case number S43896. Along with the guilty pleas in the present case, the defendant pled guilty to three counts of failure to appear and was sentenced to concurrent six-year terms, which were suspended with probati
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