Merrill v. State

SMITH, Judge.

Defendant appeals from his conviction by the Court for sale of a controlled substance and resultant 5 year sentence. We affirm.

Initially defendant challenges the information as fatally defective because it fails to state into which schedule the controlled substance belongs. The information charged an unlawful sale of a controlled substance “to wit: methylenedioxy-amphet-amine.” The test of the sufficiency of an information is whether it states the essential elements of the offense charged, adequately notifies defendant of the charge against him and constitutes a bar to further…