Dean v. State

Jack Holt, Jr., Chief Justice.

The appellant, Wayne Dean, was convicted of the “sale” of a controlled substance. He contends on appeal that he was convicted of a crime that does not exist because “delivery” of a controlled substance is what is prohibited by statute. We affirm his conviction.

On July 1, 1986, Dean was charged with the sale of a controlled substance (amphetamine), in violation of Ark. Stat. Ann. § 82-2617 (Supp. 1985). The information was amended to charge him with the sale of cocaine. The trial was held September 8,1986, and at the close of the state’s evidence, Dean moved for a…