C.A. 4th;
E065359

The Fourth Appellate District reversed in part a judgment. In the published portion of its opinion, the court held that the trial court erred prejudicially in failing to instruct that the defendant's transportation of cocaine needed to be for the purpose of sale in order to support a transportation for sale conviction.

Bobby McCloud was tried before a jury on a charge, among others, of felony transportation for sale. McCloud's defense was that he was a drug addict who intended to use, not sell, the cocaine found in his car. In support of that claim, he pointed to the lack of packaging or other paraphernalia indicative of sales. The jury found him guilty.