State of Tennessee v. Harold Lyons

In May 2010, the Defendant, Harold Lyons, was indicted for possession of drug paraphernalia, a Class A misdemeanor, and selling less than .5 grams of cocaine within 1,000 feet of an elementary school, a Class B felony.  See Tenn. Code Ann. §§ 39-17-417, -425, -432.  Following a jury trial, the Defendant was convicted of possession of drug paraphernalia and the lesser-included offense of facilitation of the sale of less than .5 grams of cocaine, a Class D felony.  See Tenn. Code Ann. § 39-11-403.  The trial court sentenced the Defendant as a Range III, persistent offender, to an effective ten-year sentence to be served in confinement.  In this appeal as of right, the Defendant contends (1) that the evidence was insufficient to sustain his conviction for facilitation of the sale of less than .5 grams of cocaine and (2) that the trial court erred by denying the Defendant’s request for an alternative sentence.  Discerning no error, we affirm the judgments of the trial court.