State v. Draughn

BRYANT, Judge.

Where defendant was convicted and sentenced on the offense of sale/delivery of cocaine within 1,000 feet of a school and the lesser-included offense of sale/delivery of cocaine based on the same transaction, judgment as to the lesser-included offense must be arrested and the judgment remanded to the trial court for resentencing.

On 1 July 2013, defendant Fredrick Donnell Draughn was indicted on the following charges: in 13 CRS 51085, one count each of sell/deliver cocaine, possession with intent to sell and deliver cocaine, and maintaining a vehicle that was used to keep and sell…