Tommy Barge v. State

Brown, Judge.

*619 In these consolidated appeals, Rashawn Kelly and Tommy Barge assert that insufficient evidence supports their convictions.

*81 For the reasons explained below, we find that sufficient evidence supports Kelly's convictions of possession with intent to distribute marijuana (two counts), possession of hydrocodone, and possession of methylone. Based upon the State's failure to present sufficient evidence of a nexus between Barge's commission of a predicate act and an intent to further gang activity, we reverse Barge's conviction for criminal gang activity.

When evaluating a challenge to…