State v. Strong

OPINION

LIVERMORE, Presiding Judge.

Appellant was charged with unlawful sale of a narcotic drug and unlawful offer to sell a narcotic drug, both class two felonies. Following a jury trial, he was acquitted of the sale but convicted of the offer. He admitted one prior conviction and commission of the offense while on pretrial release. The trial court imposed a presumptive, enhanced term of 12.5 years in prison.

On appeal, appellant first argues that his conviction must be reversed because the jury was not instructed on one element of the offense, that is, intent to sell. Although the statute…