Curry v. State

NIMMONS, Judge.

Curry, who was convicted by jury of possession with intent to sell or distribute cocaine, appeals both his judgment and sentence contending that there was a lack of evidence of intent to sell or distribute and that the court erred in imposing an upward departure sentence. We have examined the evidence and find it supports the intent to sell or distribute. However, we must reverse on the guidelines departure issue.

The trial court’s written order setting forth its reason for departure recited that four days prior to the commission of the instant offense, the appellant had been re*43l…