State v. Cain

SIMEONE, Judge.

Defendant-appellant, Sherman R. Cain, was indicted for unlawfully selling a Schedule I controlled substance, heroin, tried, found guilty by the jury and sentenced by the court to ten years in the department of corrections. He appeals. We affirm.

In this appeal he raises two issues: (1) whether the evidence was sufficient to sustain the conviction and (2) whether the court erred in submitting to the jury an instruction that if the jury agreed on guilt but was unable to agree on punishment the court may assess the punishment, the so-called “Kerry Brown” instruction.

In determining…