State of Tennessee v. Heather Fisher

Syllabus

A Rhea County jury convicted the Defendant, Heather Fisher, of possession with intent tosell or deliver a controlled substance, schedule II, to wit: methamphetamine in an amountin excess of 0.5 grams (count one); three counts of possession of a schedule IV drug withintent to sell or deliver (alprazolam, diazepam, and clonazepam) (counts three throughfive); possession with intent to sell or deliver a schedule VI controlled substance, to wit:marijuana in excess of 0.5 grams or more (count six); possession of a weapon duringcommission of a drug offense (count seven); maintaining a drug involved dwelling (counteight); and possession of unlawful drug paraphernalia (count nine), for which she receivedan effective thirteen year sentence.1 In this appeal as of right, the Defendant challengesonly her conviction in count seven for possession of a weapon during the commission of adrug offense and argues (1) the evidence failed to establish that she possessed a weaponand failed to establish that she had the requisite intent to go armed; and (2) that the trialcourt erred in determining that the offense of carrying a weapon was not established by theevidence and that it erred in excluding carrying a weapon as a lesser-included offense ofcount seven.2 Upon our review, we affirm.