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Posted by: Tanja Trezise on Feb 26, 2015

Court: TN Court of Criminal Appeals

Attorneys 1:

Randall D. Fleming (at trial and on appeal) and Katherine L. Tranum (at trial), Kingsport, Tennessee, for the appellant, Willard V. Fleming.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Benjamin A. Ball, Senior Counsel; Barry Staubus, District Attorney General; and Josh Parsons, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): WILLIAMS

A jury convicted the defendant, Willard V. Fleming, of facilitation of the sale of cocaine, a Class D felony; facilitation of keeping or maintaining a dwelling used for keeping or selling controlled substances, a Class E felony; and assault, a Class A misdemeanor. The defendant challenges the sufficiency of the evidence and denial of his motion to acquit, asserting that the co-defendant’s testimony regarding the defendant’s involvement was insufficiently corroborated; that there was no proof that drugs were present because only lay testimony supported the conclusion that the substance sold was cocaine; that the evidence was insufficient to prove that the defendant maintained the dwelling; and that the confidential informant’s testimony did not establish the elements of assault. We conclude that the evidence was sufficient to support the verdicts, and we accordingly affirm.