Anthony Laren Tweedy, II was convicted of
initiation of a process to manufacture methamphetamine and manufacture of
methamphetamine. On appeal, he argued
that his conviction for manufacture of methamphetamine should be reversed.
The Tennessee Court of Criminal Appeals applied
plain error review and determined that Tweedy was improperly convicted of both
initiation of a process to manufacture methamphetamine and manufacture of
methamphetamine.
Tweedy was convicted for initiation of a process
intended to result in the manufacture of methamphetamine under T.C.A. section
39-17-435. That statute provides that
“[a] person may not be prosecuted for a violation of this section and of
manufacturing a controlled substance in violation of § 39-17- 417 based upon
the same set of facts.”
The Court found that Tweedy was prosecuted under
both sections 39-17-435 and -417 and that the convictions were based on the
same set of facts. Here, the State agreed that Tweedy should not have been convicted of both offenses and further agreed that the manufacture of methamphetamine conviction should be reversed. Accordingly, the
Court reversed and dismissed Tweedy’s conviction for manufacture of
methamphetamine.
A full opinion can be found here.
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