Honorable K. Craig Peterson, Judge, Presiding. Defendant was charged with four counts of selling substances containing cocaine. Following a jury trial, defendant was convicted of selling between 1 and 15 grams of cocaine to an undercover police officer while in the parking lot of an elementary school. Defendant's posttrial motion was denied, and defendant was sentenced to a term of 13 years and 3 months in prison. This appeal followed.
Defendant raises two issues on appeal.
First, defendant contends that the State shifted the burden of proof and standard of review in its closing argument. Second, defendant contends that the court erred in refusing to tender an instruction regarding a lesser-included offense of possession with intent to deliver. In neither instance did defendant object at trial. That the Court erred in refusing to give the following instruction to the jury, submitted by the defendant. No instruction is then listed.