Mims v. State

Andrews, Chief Judge.

Andre Mims appeals from his conviction of five counts of selling crack cocaine, contending that the evidence was insufficient and that he was improperly sentenced as a recidivist.

1. Viewed with all inferences in favor of the jury’s verdict, the evidence was that, on December 28, 1993, at 7:29 p.m. and again at 10:00 p.m., Mims sold $20 rocks of crack to undercover agent Rozier. On January 3, 1994, he sold another $20 rock to Rozier. Again, on January 7, at 7:59 p.m. and 8:45 p.m., he sold $20 rocks to Rozier.

While he did not dispute that he sold the crack to Rozier, Mims…