11/12/2021 IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE Assigned on Briefs September 14, 2021 STATE OF TENNESSEE v. JOSE GAUDALUPE FRAUSTO- MAGALLANES Appeal from the Criminal Court for Davidson County No. 2019-D-2694 Cheryl A. Blackburn, Judge ___________________________________ No. M2020-01450-CCA-R3-CD ___________________________________ Defendant, Jose Guadalupe Frausto-Magallanes, pled guilty to possession with intent to sell more than fifteen grams of heroin with an agreed sentence length of eight years as a Range I standard offender with the trial court to determine the manner of service. The trial court ordered Defendant to serve his entire eight-year sentence in the Department of Correction. On appeal, Defendant argues that the trial court erred by ordering him to serve his sentence in confinement. Following our review of the entire record and the parties’ briefs, we affirm the judgment of the trial court. Tenn. R. App. P. 3 Appeal as of Right; Judgment of the Criminal Court Affirmed JILL BARTEE AYERS, J., delivered the opinion of the court, in which JOHN EVERETT WILLIAMS, P.J., and NORMA MCGEE OGLE, J., joined. Timothy Carter, Nashville, Tennessee, for the appellant, Jose Guadalupe Frausto- Magallanes. Herbert H. Slatery III, Attorney General and Reporter; Ruth Anne Thompson, Senior Assistant Attorney General; Glenn R. Funk, District Attorney General; and Mindy Morris, Assistant District Attorney General, for the appellee, State of Tennessee. OPINION This case arises from surveillance by law enforcement of Defendant and his co- defendant, Kevin Shaw, and execution of a search warrant during which Defendant and Mr. Shaw were found to be in possession of approximately 2 kilograms (2,000 grams) of heroin and 45 grams of marijuana, along with other items. FACTUAL AND PROCEDURAL BACKGROUND Initially, we point out that Defendant has failed to include in the appellate record the transcript of the guilty plea submission hearing, in which the State would have presented the factual basis for the plea. When a record does not include a transcript of the guilty plea hearing, this court should determine “on a case-by-case basis whether the record is sufficient for a meaningful review under the standard adopted in State v. Bise, 380 S.W.3d 682, 708 (Tenn. 2012).” State v. Caudle, 388 S.W.3d 273, 279 (Tenn. 2012). We conclude that the testimony and exhibits, including the presentence report, introduced into evidence at the sentencing hearing provide us with sufficient information for appellate review. A Davidson County grand jury returned an indictment against Defendant charging him with one count of possession with intent to deliver more than 150 grams of heroin, a Class A felony. The following statement of facts, which was gleaned from a case summary as provided by the Metropolitan Nashville Police Department, is contained in the presentence report that was introduced as an exhibit at the sentencing hearing: Count 1, possession with intent of heroin over 15 grams[.] “During the month of July 2019, Detective Gbewa Mustapha was contacted by a reliable confidential informant (CI) about an unknown Hispanic male and unknown black males selling heroin. The CI identified one of …
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