CURRY, III v. STATE

No. 89-178.

558 So.2d 42 (1990)

David CURRY, III, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

March 7, 1990.


Attorney(s) appearing for the Case

Michael E. Allen, Public Defender, Lawrence M. Korn, Assistant Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., William A. Hatch, Asst. Atty. Gen., for appellee.


NIMMONS, Judge.

Curry, who was convicted by jury of possession with intent to sell or distribute cocaine, appeals both his judgment and sentence contending that there was a lack of evidence of intent to sell or distribute and that the court erred in imposing an upward departure sentence. We have examined the evidence and find it supports the intent to sell or distribute. However, we must reverse on the guidelines departure issue.

The trial court's written...

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