State of Tennessee v. Larenzo DeShawn Harris

The defendant was convicted of possession of a Schedule II controlled substance with the intent to manufacture, deliver, or sell, a Class B felony; possession of a Schedule VI controlled substance with the intent to manufacture, deliver, or sell, a Class E felony; and possession of drug paraphernalia, a Class A misdemeanor. Following the denial of his motion for a new trial, he filed a timely appeal to this court, challenging the sufficiency of the evidence in support of his convictions. We affirm the defendant's convictions. However, because the jury assessed, and the trial court imposed, a fine for possession of a Schedule VI controlled substance that exceeds the statutory maximum, we remand the case to the trial court for a new jury to be impaneled to assess an appropriate fine in Count 2 and for entry of a corrected judgment as to the possession of drug paraphernalia conviction in Count 3.