(DOWNLOAD) "State V. Barber" by In the Supreme Court of the State of New Mexico # Book PDF Kindle ePub Free
eBook details
- Title: State V. Barber
- Author : In the Supreme Court of the State of New Mexico
- Release Date : January 19, 2004
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
¶1 Defendant Joe Barber appeals from his conviction of possession of methamphetamine with intent to distribute. See NMSA 1978, § 30-31-22 (1990). Our primary issue is whether the absence of a jury instruction defining possession constitutes fundamental error and requires a new trial. Defendant claims that the failure to define possession addressed a "critical determination akin to a missing elements instruction" and created the possibility of jury confusion. The Court of Appeals declined to find fundamental error. See State v. Barber, 2003-NMCA-053, ¶¶ 9-11, 133 N.M. 540, 65 P.3d 1095. We granted certiorari to review that question. Although Defendant would have been entitled to a jury instruction defining possession, we hold that absent his defense counsel's request, the trial court was not required to provide the instruction sua sponte. We further hold that the evidence of possession and intent was sufficient to support Defendant's conviction. Accordingly, we affirm the judgment and conviction below.
 "State V. Barber" by In the Supreme Court of the State of New Mexico # Book PDF Kindle ePub Free){kind=link}