Hicks v. State

BERNES, Judge.

The jury found Daniel Hicks, Jr., guilty of possession of cocaine with intent to distribute. Hicks appeals, challenging the sufficiency of the evidence. Because the state failed to prove that Hicks intended to distribute the cocaine he possessed, we reverse his conviction, remand the case, and direct the trial court to enter a judgment of conviction on the lesser included offense of possession of cocaine.

Construed in favor of the verdict, the evidence shows that on the night of December 1, 2006, the police were conducting a roadblock and safety checkpoint in Decatur County. The…