Daniel Adams v. State Alaska

Daniel Adams was convicted, following a jury trial, of one count of misconduct involving a controlled substance in the third degree, AS 11.71.030(a)(1), and two counts of misconduct involving a controlled substance in the fourth degree, AS 11.671.040(a)(3)(A). The misconduct involving a controlled substance in the third degree count consisted of a charge that on August 3, 1983 Adams possessed approximately three and one-half ounces of cocaine with the intent to deliver that substance. The two counts of misconduct involving a controlled substance in the fourth degree involved charges that Adams possessed approximately one-fourth of an ounce of cocaine on August 23, 1983, and that Adams possessed approximately one-eighth of an ounce of cocaine on August 25, 1983. Judge Victor Carlson imposed a sentence of seven years with three years suspended on the possession with intent to deliver count, and sentences of three years with one year suspended on the possession of cocaine counts. The sentences were all concurrent. Adams appeals his convictions and sentences. We reverse Adams conviction for possession of cocaine with intent to deliver but affirm his convictions and sentences for possession of cocaine.