State v. Galaviz-Torres

After a jury trial, Defendant was convicted of trafficking in cocaine by possession, trafficking in cocaine by transportation, and possession of cocaine with the intent to sell or deliver. Defendant appealed, arguing that the trial court committed plain error by failing to adequately instruct the jury that the State had to prove beyond a reasonable doubt that he knew that he had possessed and transported cocaine. The court of appeals reversed Defendant’s convictions and awarded him a new trial. The Supreme Court reversed, holding that the trial court did not err by failing to instruct the jury in accordance with footnote four to N.C.P.I. Crim. 260.17 and 260.30 because the trial court’s instructions here adequately addressed the issue that the jury had to decide to determine Defendant’s guilt or innocence. View "State v. Galaviz-Torres" on Justia Law