State of Tennessee v. Willard V. Fleming

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.