State of Tennessee v. Stanley Bernard Gibson
2016 Tenn. LEXIS 832
| Tenn. | 2016Background
- Gibson was indicted for possession with intent to deliver ≥ .5g cocaine within 1,000 feet of a school (Tenn. Code Ann. § 39-17-417) and a firearms charge; jury convicted him of the lesser-included offense of facilitation (Class C felony) and acquitted on the firearms count.
- Police executed a search of a residence tied to a suspected dealer (Fontaine Cabels); two duffel bags by the front door contained multiple guns, scales, and cocaine; Gibson was observed sitting by those bags and had a small cocaine packet, cash, a blue bandana, and identification found in one bag.
- Trial court applied Tennessee’s Drug-Free School Zone Act (Tenn. Code Ann. § 39-17-432) to upgrade the facilitation conviction to a Class B felony and impose 100% service of the minimum sentence.
- Court of Criminal Appeals affirmed; Tennessee Supreme Court granted review on (1) whether the Act applies to facilitation convictions and (2) sufficiency of the evidence supporting facilitation.
- The State conceded error only as to the requirement of serving the full minimum sentence but argued § 39-17-432 creates a separate, higher-classified offense; Gibson argued the Act does not apply to facilitation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Drug‑Free School Zone Act applies to a conviction for facilitation of an offense listed in § 39‑17‑417 | The State: the Act creates a separate offense or otherwise supports elevating classification when the conduct occurred within 1,000 feet of a school | Gibson: the Act is an enhancement that applies only to convictions for violations of § 39‑17‑417 or conspiracies to violate it, not to facilitation convictions | The Act applies only to a violation of, or conspiracy to violate, § 39‑17‑417; it does not apply to facilitation, so the trial court erred in elevating the felony class and mandating 100% service of the minimum sentence |
| Whether the trial court erred in requiring 100% service of the minimum sentence under § 39‑17‑432(c) | State conceded the trial court erred in applying the Act to require full service | Gibson argued the Act did not apply at all to facilitation | Trial court erred; § 39‑17‑432(c) did not apply to the facilitation conviction (State conceded this error) |
| Whether the evidence was sufficient to support facilitation conviction | State: circumstantial and direct evidence (proximity to bags, ID, bandana, scales, guns, small packet on person) established that Gibson knowingly furnished substantial assistance | Gibson: he was a social visitor, denied knowledge/ownership of the contraband; ID could have been planted; no direct proof he handled the bags | Evidence was sufficient; a reasonable juror could infer Gibson knowingly furnished substantial assistance based on proximity, ownership of one bag, ID in bag, personal cocaine and cash, and indicia of involvement |
| Remedy / Sentencing consequence after holding Act inapplicable | State asked to retain higher classification or treat Act as separate offense | Gibson sought resentencing under proper classification for facilitation (Class C) | Case remanded for resentencing consistent with facilitation as a Class C felony; trial court’s elevation and 100% requirement reversed |
Key Cases Cited
- State v. Dycus, 456 S.W.3d 918 (Tenn. 2015) (statutory‑interpretation principles; de novo review)
- State v. Fields, 40 S.W.3d 435 (Tenn. 2001) (Drug‑Free School Zone Act treated as an enhancement tied to conviction under § 39‑17‑417)
- State v. Smith, 48 S.W.3d 159 (Tenn. Crim. App. 2000) (treating the Act as an enhancement statute rather than creating a separate offense)
- Jackson v. Virginia, 443 U.S. 307 (1979) (standard for reviewing sufficiency of the evidence)
- State v. Nash, 104 S.W.3d 495 (Tenn. 2003) (constructive possession can support a facilitation conviction)