Cocaine , probation, drug test, revocation of probation, second-hand marijuana smoke, credible testimony.

Convicted of possession of cocaine with intent to sell, Darrell Wilson fights to retain his sentence of probation, arguing that he failed a drug test due to the inhalation of second-hand marijuana smoke. The state of Tennessee argues that Wilson violated his probation, in part, by not abstaining from the use of intoxicants or narcotics and not visiting places where intoxicants or narcotics were dispensed, sold or used.

. Shelby County Criminal Court found that Wilson had violated the conditions of his probation, revoked his probation and sentenced Wilson to eight years in prison

Wilson loses. The Court of Criminal Appeals of Tennessee at Jackson affirmed the lower court's ruling, dismissing appellant's argument that the lower court erred by not considering sentencing alternatives other than incarceration. As to the second-hand smoke, the court notes that Wilson did not provide credible testimony regarding the effects of second-hand smoke inhalation.