Cocaine, conviction, sentencing, jail, probation, random drug tests

Appellant Derrick L. Kelly, having pled guilty to selling cocaine, appeals for a sentence of probation--without serving any jail time. Though he admitted to "sometimes using drugs," Kelly argues that he has turned his life around.

Shelby County Circuit Court sentenced Kelly to 7.2 years in jail with all but 180 days suspended, finding that Kelly was not completely truthful in his testimony to the court. The court also ordered random drug testing for the defendant throughout the seven years of his probation.

Kelly loses. The Court of Criminal Appeals of Tennessee at Jackson affirmed the lower court's decision, ruling that the trial court can take into consideration the truthfulness of a defendant.