 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
North Carolina v. Jones12/5/1989
ine by transportation of cocaine in an amount of at least twenty-eight grams, but less than two hundred grams; or, not guilty.
In respect to Count Number Three, your options are: first, guilty of possession with the intent to use drug paraphernalia; or, not guilty. [Emphasis added.]
The trial court sufficiently informed the jury of their 'options' in finding defendant guilty or not guilty of each offense, and we determine that no defect existed in the jury charge.
V
Defendant concedes in his brief that his contention that trafficking in cocaine by possession and trafficking in cocaine by transportation are not separate and distinct offenses is not the law in North Carolina. However, defendant submits that this rule is a violation of constitutional guarantees against double jeopardy because each trafficking offense does not require "proof of an additional fact which the other does not." Blockburger v. United States, 284 U.S. 299, 304, 76 L. Ed. 306, 309 (1932).
It is now well-established that convictions for the separate offenses of transporting and possessing a controlled substance are consistent with the intent of the legislature and do not violate the constitutional prohibition against double jeopardy.
State v. Bogle, 90 N.C. App. 277, 285, 368 S.E.2d 424, 430, reversed on other grounds, 324 N.C. 190, 376 S.E.2d 745 (1989).
We find no merit to defendant's contention.
No error.
Disposition
No error.
|