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STATE v. PATTON

898 S.W.2d 732 (1994)

STATE of Tennessee, Appellant/Cross Appellee, v. Mark A. PATTON, Appellee/Cross Appellant.

Court of Criminal Appeals of Tennessee, at Knoxville.

Permission to Appeal Denied March 6, 1995.

Attorney(s) appearing for the Case

Herbert S. Moncier and Ann Short, Attorneys, Knoxville, for appellant.

Charles W. Burson, Atty. Gen. and Reporter, Kimbra R. Spann, Asst. Atty. Gen., Nashville, Charles Hawk, Dist. Atty. Gen., and Frank Harvey, Asst. Dist. Atty. Gen., Kingston, for appellee.

Permission to Appeal Denied by the Supreme Court March 6, 1995.

OPINION

WADE, Judge.

The defendant, Mark A. Patton, was indicted by the Roane County Grand Jury for the following offenses:

Count One: possession with intent to deliver marijuana, a schedule VI drug; Count Two: possession with intent to sell marijuana; Count Three: unlawful delivery of Alprazolam, a schedule IV drug;

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