State of Tennessee v. Vanessa Rennee Pinegar, M2015-02403-CCA-R3-CD

Vanessa Pinegar was convicted of: one count of facilitation of delivery of ≥0.5 g cocaine within a drug‑free school zone and two counts of attempted delivery of ≥0.5 g cocaine within a drug‑free school zone.
Trial court merged the attempt counts, classified the offenses as Class B felonies under the Drug‑Free School Zone Act, and imposed concurrent nine‑year sentences with an effective nine‑year sentence and a mandatory eight‑year minimum.
This Court previously affirmed convictions and sentences; the Supreme Court granted review and remanded for reconsideration of sentencing in light of State v. Gibson.
In Gibson, the Tennessee Supreme Court held the Drug‑Free School Zone Act applies only to violations (or conspiracies to violate) Tenn. Code Ann. § 39‑17‑417 and does not apply to facilitation.
On remand, the Court of Criminal Appeals concluded Gibson’s statutory‑construction rationale also excludes attempt from the Act’s enhanced classification/mandatory minimums.
The Court vacated the enhanced (Class B / 100% service) sentences for both facilitation and attempt and remanded for resentencing as Class C felonies.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the Drug‑Free School Zone Act enhances facilitation convictions	Act applies to facilitation; enhancement and mandatory minimums proper	Gibson: Act is limited to violations of § 39‑17‑417, not facilitation	Vacated enhancement for facilitation; resentenced as Class C
Whether the Drug‑Free School Zone Act enhances attempt convictions	Act applies to offenses occurring in school zone, including attempt	Attempt is not an enumerated offense in the Act; Gibson’s reasoning bars its application	Vacated enhancement for attempt; resentenced as Class C
Whether trial court properly imposed 100% service of minimum sentences under the Act	Mandatory minimums apply to enhanced felony classifications	Mandatory minimums only apply when Act lawfully applies to the offense charged	100% service requirement vacated for both counts (facilitation and attempt)
Remand scope — whether resentencing required for all affected counts	Only facilitation affected per earlier precedent	Both facilitation and attempt affected under Gibson’s statutory construction	Remand for resentencing both facilitation and attempt convictions as Class C felonies

State v. Gibson, 506 S.W.3d 450 (Tenn. 2016) (holds Drug‑Free School Zone Act applies only to violations or conspiracies to violate § 39‑17‑417 and does not extend to facilitation)
Gleaves v. Checker Cab Transit Corp., 15 S.W.3d 799 (Tenn. 2000) (courts must not add words to statutes beyond legislative text)
Coleman v. State, 341 S.W.3d 221 (Tenn. 2011) (principle against judicial amendment of statutory text)
State v. Fields, 40 S.W.3d 435 (Tenn. 2001) (discusses scope of offenses covered by Drug‑Free School Zone Act)