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Court of Criminal Appeals Overturns Possession of a Handgun Conviction

By Baker Associates

The concept of lesser included offenses is one that can at times prove confusing to defendants, attorneys, and, as the case of State v. Wellman shows, the courts. In Wellman, the defendant was arrested after an anonymous phone call informed police that the defendant was selling drugs in the Nashville area. The police investigated and arrested the defendant, and a search of his vehicle revealed a handgun in the automobile. Based on this finding the state charged him with, among other things, felony possession of a handgun, a Class E Felony in Tennessee. After a trial, he was convicted of, among other things, attempted felony possession of a handgun, a Class A misdemeanor. On appeal, the Court of Criminal Appeals ruled that the evidence was insufficient to convict the defendant of attempted felony possession of a handgun...continue to full post

Full post as published by Tennessee Criminal Lawyer Blog on February 09, 2010 (boomark / email).