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IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE
February 12, 2002 Session STATE OF TENNESSEE v. TIMOTHY WAYNE GRIMES
Appeal from the Circuit Court for Dickson County No. CR4681 Robert Burch, Judge

No. M2001-01460-CCA-R3-CD - Filed October 16, 2002

A Dickson County Circuit Court jury convicted the defendant, Timothy Wayne Grimes, of possession of a Schedule IV controlled substance with intent to deliver, a Class D felony, and the trial court sentenced him as a Range III, persistent offender to eight years in a community corrections program. The defendant appeals, claiming that the trial court erred by failing to instruct the jury as to the lesser included offenses of simple possession and casual exchange. We conclude that the trial court erred by failing to instruct the jury regarding simple possession of the controlled substance. Although we hold that casual exchange is not a lesser included offense of possession with intent to deliver, we also conclude that the trial court should have instructed the jury regarding the casual exchange inference provided in Tenn. Code Ann.

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