Morgan v. State

OPINION

KIRSCH, Judge.

Melvin J. Morgan was tried by a jury and convicted of Conspiracy to Deal in Cocaine, a Class A felony, Dealing in Cocaine, a Class B felony, and Possession of Cocaine With Intent to Deliver, a Class A felony.1 Morgan raises five issues for our review which we consolidate and restate as:

I. Whether the trial court committed fundamental error when it instructed the jury that possession of a large amount of a controlled substance in excess of what could be personally consumed is cireum-stantial evidence of an intent to deliver.

II. Whether the trial court erred by failing to…