State of Tennessee v. Heather Fisher

A Rhea County jury convicted the Defendant, Heather Fisher, of possession with intent to
sell or deliver a controlled substance, schedule II, to wit: methamphetamine in an amount
in excess of 0.5 grams (count one); three counts of possession of a schedule IV drug with
intent to sell or deliver (alprazolam, diazepam, and clonazepam) (counts three through
five); 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 during
commission of a drug offense (count seven); maintaining a drug involved dwelling (count
eight); and possession of unlawful drug paraphernalia (count nine), for which she received
an effective thirteen year sentence.1 In this appeal as of right, the Defendant challenges
only her conviction in count seven for possession of a weapon during the commission of a
drug offense and argues (1) the evidence failed to establish that she possessed a weapon
and failed to establish that she had the requisite intent to go armed; and (2) that the trial
court erred in determining that the offense of carrying a weapon was not established by the
evidence and that it erred in excluding carrying a weapon as a lesser-included offense of
count seven.2 Upon our review, we affirm.