Possession of Drugs With Intent to Deliver Punishment Example In Arkansas
X was convicted in a bench trial of possession of crack cocaine with intent to deliver, and he was sentenced as a habitual offender to 126 months in the Arkansas Department of Correction.
On appeal, he argues that the evidence presented at trial was insufficient to support his conviction because he rebutted the presumption that his possession of four grams of crack cocaine was with the intent to deliver, and the trial court erred in failing to suppress physical evidence because it was seized pursuant to an impermissible warrantless detention effected without reasonable suspicion of criminal activity and because the search that was conducted was more extensive in scope than is allowable under Terry v. Ohio, 392 U.S. 1, 20 L. Ed. 2d 889, 88 S. Ct. 1868 (1968) and Rule 3.4 of the Arkansas Rules of Criminal Procedure, and thus violated the Fourth Amendment. court affirmed the conviction.