Jackson v. State

Charlie Jackson, Jr., appeals his conviction of possession of marijuana with the intent to distribute. This appeal addresses the sufficiency of the proof of possession of a controlled substance with intent to distribute. We find the State failed to prove intent to distribute the controlled substance, and remand for appropriate sentencing on the lesser included offense of possession of the controlled substance.

FACTS

On June 23, 1988, at 8:45 p.m., Earnest Blackley, a narcotics officer, and his colleagues, Officers Trader, Sullivan and Ely, made a routine drug check of the "Douglas Club,"…