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State of Tennessee v. Andrew Curtis Beard
W2016-00223-CCA-R3-CD
| Tenn. Crim. App. | Jan 24, 2017
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Background

  • In November 2012 undercover Task Force informant John “Pete” Beavers arranged a drug buy; officers searched and wired him and provided photocopied money.
  • Beavers met two men in a Pontiac; video recorded the encounter but did not clearly show the transfer of money or drugs.
  • Beavers testified he gave the money to Andrew Beard and Beard gave him a small baggie of powder cocaine; the TBI lab confirmed 0.24 grams of cocaine.
  • Deputy Lewis and video surveillance supported the timeline and circumstances of the buy; Lewis could not see a hand-to-hand exchange on video but observed interactions consistent with Beavers’ account.
  • Beard was tried, convicted of selling less than one-half gram of cocaine (Class C felony), and sentenced as a Range II multiple offender to eight years confinement.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Sufficiency of the evidence to support conviction State: testimony plus lab result and video support conviction Beard: video does not conclusively show him making the sale; Beavers is not credible Affirmed — viewed in light most favorable to State, jury reasonably credited Beavers and found elements proved

Key Cases Cited

  • Jackson v. Virginia, 443 U.S. 307 (establishes standard for sufficiency review)
  • State v. Cabbage, 571 S.W.2d 832 (Tenn. 1978) (appellate courts must view evidence in strongest light for prosecution)
  • State v. Bland, 958 S.W.2d 651 (Tenn. 1997) (credibility and weight of evidence are for the jury)
  • State v. Tuggle, 639 S.W.2d 913 (Tenn. 1982) (burden on convicted defendant to show insufficiency on appeal)
  • State v. Dorantes, 331 S.W.3d 370 (Tenn. 2011) (same standard for direct and circumstantial evidence)
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Case Details

Case Name: State of Tennessee v. Andrew Curtis Beard
Court Name: Court of Criminal Appeals of Tennessee
Date Published: Jan 24, 2017
Docket Number: W2016-00223-CCA-R3-CD
Court Abbreviation: Tenn. Crim. App.