Pearson v. State

MAXWELL, J.,

for the Court:

¶ 1. Raco Pearson challenges his conviction and sentence for selling cocaine in a *572public park. We find no errors in his trial warranting reversal of his conviction for the sale of cocaine. But we agree with Pearson that the State failed to prove the sale took place within 1,500 feet of a public park, which is a sentencing-enhancement factor. However, we need not alter his sentence because the trial judge did not rely on the park-proximity enhancement to increase Pearson’s penalty beyond the statutory maximum. Accordingly, we modify his conviction to “sale of cocaine”…