State v. Chisholm

STEELMAN, Judge.

*593Where evidence was sufficient to establish one of three statutory factors defining a counterfeit controlled substance and to provide an inference of defendant’s intent to sell or deliver, the trial court properly denied defendant’s motion to dismiss the charge of possession with the intent to sell or deliver a counterfeit controlled substance. Where there was sufficient evidence of incriminating factors to support constructive possession, the trial court properly denied defend-ant’s motion to dismiss the charge of possession with the intent to sell or deliver cocaine. Where…