A man who police said sold fake crack cocaine to at least two people in Denver several years ago was properly convicted of possession with intent to distribute an imitation controlled substance, the Colorado Court of Appeals ruled Thursday.
Ronald Taylor, 43, appealed his conviction, saying there was no evidence that showed he told others he was selling crack.
Taylor, sentenced to four years of probation, was arrested shortly after the apparent drug deal, and after a pat-down search, gave officers what appeared to be rocks of crack cocaine.
The substance turned out to be crushed acetaminophen, the main ingredient in Tylenol, but prosecutors charged Taylor with distribution and possession of a controlled substance and possession with intent to sell an imitation controlled substance.
The jury acquitted him of the first two charges.
A three-judge panel of the appeals court said the evidence showed that Taylor knew or should have known that the items he was selling could be perceived to be illegal drugs.
