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He continued to work as a consultant on engineering projects until Bud was a lifelong member of Oakdale United Methodist Church.

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State v. coleman

And while defendant did not personally testify to a lack of knowledge, whether defendant had the requisite knowledge was indeed the only controverted issue at trial. Therefore, this case falls within the rare category of cases in which, based on plain error review the trial court's failure to give an additional instruction regarding the only controverted issue at trial—guilty knowledge—had a probable impact on the jury verdict. This Court found prejudicial error where a defendant testified that he had no knowledge of the contents of a package he was paid to receive and the trial court failed to instruct the jury that it must determine whether the defendant knew what he colman High Point NC dating was heroin.

This evidence made it necessary for the trial court to recognize the evidence as amounting to a contention that defendant did not know the true identity of what he possessed. Defendant argues that the trial court erred by failing to instruct the jury on the law of guilty knowledge. A preliminary but ificant point at issue before this Court is whether the assertion made by defendant in his interview with, and recounted in subsequent trial testimony by, law enforcement officers amounts to a contention that defendant did not know the true identity of what he possessed within the meaning of N.

We believe that it does. Tellez, No. However, during the State's case-in-chief, a detective in the Vice Narcotics Unit of the Charlotte Police Department testified that he interviewed defendant the day he was arrested. Ross, N. Le, N. Roache, N. State v.

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For you to find the Defendant guilty of trafficking in heroin by transportation, the State must prove two things beyond a reasonable doubt:. Certainly the evidence presented and arguments of counsel put the jury on notice that a critical issue in this case was whether defendant knew that what he possessed was heroin; however, the trial court's failure to instruct the jury that in order to find defendant guilty it must find that he knew what he possessed was heroin, when viewed after examining the whole record meets the standard for plain error.

Defendant was arrested and later indicted on charges of trafficking in twenty-eight grams or more of heroin, by possession and trafficking in twenty-eight grams or more of heroin, by transportation.

In the trunk, the officers recovered a box containing six similarly sized bags of marijuana and approximately 45 grams of heroin. Defendant presented no evidence at trial. Accordingly, we reverse defendant's convictions and remand this matter for a new trial. In accordance with North Carolina General Statutes, section 15A—the trial court conducted a conference on the jury instructions after the close of the evidence and before the closing arguments of the parties.

The officers recovered a baggie containing approximately 2 8 grams of marijuana from the front passenger compartment and then proceeded to search the vehicle. For you to find the Defendant guilty of trafficking in heroin by possession, the State must prove to you two things beyond a reasonable doubt:.

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Because the first issue is dispositive of this case, we need not review the second issue. Boone, N. Oakes, ——— N. Elliott, N. Stacy, 19 N. In doing so they offered direct evidence in support of their contention as to lack of knowledge and thereby raised a determinative issue of fact. Corporate Counsel.

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Further, as stated earlier herein, substantive evidence that defendant did not know that the substance he possessed was heroin was sufficient to amount to a contention that would trigger the necessity to give the required additional instruction on guilty knowledge contained within footnote 4. We must now consider whether this amounts to plain error. For you to find the defendant guilty of this offense the State must prove two things beyond a reasonable doubt:.

We are mindful that it is and always should be the rare case in which a defendant on plain error review is able to show that an unpreserved instructional error such as the one at issue here would justify reversal.

On appeal, defendant raises two issues: whether the trial court erred by I failing to instruct the jury on the law of guilty knowledge; and II failing to intervene ex mero motu during the State's closing argument. For error to constitute plain error, a defendant must demonstrate that a fundamental error occurred at trial. A person possesses a controlled substance, such as heroin, if that person is aware of its presence and has both the power and the intent to control the disposition or use of that substance.

When questioned as to whether he had any drugs or weapons in the vehicle, defendant acknowledged carrying marijuana. I, criminal Defendant made no motion to amend the instruction, and following the trial court's jury charge, when offered an opportunity to request corrections to the instructions given, defendant made no requests or objections.

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STATE v. We agree. Further, evidence in the form of a detective's testimony and an audio recording of defendant's statements denying knowledge that what he possessed was heroin make defendant's knowledge that what he possessed was heroin a question of fact for the jury.

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Knowledge that one possesses contraband is pd by the act of possession unless the defendant denies knowledge of possession and contests knowledge as disputed fact. Kincaid, Judge presiding. Appeal by defendant from judgments entered 10 December by Judge Timothy S. Kincaid in Mecklenburg County Superior Court. At the conclusion of the evidence, the jury returned guilty verdicts on the charges of trafficking in heroin by possession and trafficking in heroin by transportation.

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The record reflects that defendant's sole defense to the charges of trafficking in heroin by possession and by transportation was that he did not know the box in his possession contained heroin. The closing arguments before the jury reveal that the most ificant issue presented to the jury was whether defendant knew that what he possessed was heroin.

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Lopez, N. The facts in the instant case fall between the facts as to the defendant Lopez, who not only testified that he was unaware the package he possessed contained heroin but properly requested an instruction based on footnote 4, and the defendant Sanchez, who neither contended that he lacked knowledge of what it was that he possessed nor requested the additional instruction.

Therefore, the trial court's failure to instruct the jury that it must find that defendant knew what he possessed or transported was heroin before finding defendant guilty of trafficking in heroin by possession or trafficking in heroin by transportation was error.

The detective gave the following summary of defendant's statements during the interview: Defendant said he had been asked to hold a box until later in the week, at which time he would be contacted about where to deliver the box. First, that the defendant knowingly possessed [heroin]. During the charge conference, the trial court stated that on the charges of trafficking by possession and trafficking by transportation, it would instruct the jury in accordance with North Carolina pattern instructions—N. Legal Technology.

During the prosecution's case-in-chief, an audio recording of defendant's interview with police detectives made the colman High Point NC dating of his arrest was admitted into evidence and played for the jury. In State v. Reset A A Font size: Print. To show that an error was fundamental, a defendant must establish prejudice that, after examination of the entire record, the error had a probable impact on the jury's finding that the defendant was guilty.

In the instant case, while defendant did not testify to a lack of knowledge, his entire defense was predicated upon a lack of knowledge that the substance he possessed was heroin. In many cases, including Lawrence, an examination of the entire record reveals overwhelming and uncontroverted evidence of guilt such that a defendant is unable to show the probability of a different outcome.

Lawrence, N. Assuming without deciding that defendant failed to properly preserve this issue for appellate review, we review this issue for plain error. See N. Black, N. Smith, N. It is axiomatic that in a criminal trial when substantive evidence is admitted, it bears directly upon the question of the defendant's guilt or innocence. Begin typing to search, use arrow keys to navigate, use enter to select.

The Defendant has also been charged with trafficking in heroin by transportation, which is unlawfully transporting more than 28 grams of heroin. Heard in the Court of Appeals 30 January Where the trial court failed to adequately instruct the jury on the law as it applied to the material facts of this case, we hold the failure amounts to plain error.

Pattern Instruction—Criminal Footnote 4 of pattern instructions—criminal Footnote 4 of pattern instruction—criminal Therefore, if given as proposed by defendant, the first sentence of pattern instruction-Crim. In the instant case, the only controverted issue was defendant's knowledge that what he possessed was heroin.

See State v. Multiple times during the interview, defendant stated that when he was in possession of the box, he believed that it contained only marijuana and cocaine. On appeal, defendant argues that the trial court erred by failing to give an instruction in accordance with footnote 4 of N. Footnote 4 of Crim. The recording was admitted into evidence and played for the jury. The trial court entered judgment in accordance colman High Point NC dating the jury verdicts and sentenced defendant to concurrent terms of months to months.

Specifically, defendant contends that the trial court erred in failing to instruct the jury in accordance with the pattern jury instructions regarding circumstances where a defendant contends he did not know the true identity of what he possessed.

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However, as our Supreme Court has recently reminded us in State v. Harris, N. Reid, ——— N. Murray, 21 N. The record reflects consistent assertions by defendant, admitted as substantive evidence, that he thought he was carrying marijuana and cocaine. None of the other facts were controverted.

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The language set out in Crim. Therefore, the negative effect of the trial court's failure to give the additional instruction is emphasized. Defendant is entitled to a new trial. Explore Resources For Practice Management. On 25 Novemberdefendant was stopped by officers with the Charlotte—Mecklenburg Police Department for a traffic violation.