State v. Cherry

Justice WALLER:

We granted a writ of certiorari to review the Court of Appeals’ opinion in State v. Cherry, 348 S.C. 281, 559 S.E.2d 297 (Ct.App.2001). We affirm in result.

FACTS

Cherry was convicted of possession of crack cocaine with intent to distribute (PWID crack) and sentenced to five years and a twenty-five thousand dollar fine.1 The state’s evidence *591at trial showed that Cherry was a passenger in the back seat of a vehicle which was stopped for going straight from a left turn lane and for failing to use a signal. Officer Parker, who stopped the car, testified that while he was writing out…