State of Tennessee v. Maurice Lashaun Nash

The Appellant, Maurice Lashaun Nash, appeals his conviction by a Tipton County jury for facilitation of possession of marijuana, a schedule VI controlled substance, with intent to deliver, a class A misdemeanor. On appeal, Nash raises the following issues for our review: (1) whether the trial court erred by denying his motion to suppress, and (2) whether the evidence in the record is insufficient as a matter of law to sustain his conviction. After a review of the record, we find plain error in the trial court's instruction to the jury charging the offense of facilitation, as this lesser offense was not fairly raised by the evidence. Accordingly, Nash's conviction is reversed and remanded for a new trial upon the lesser offense of class A simple possession.