State v. McKoy

Summary

The North Carolina Court of Appeals held that the trial court improperly entered judgment for felony possession of marijuana because the jury was not instructed that it had to find possession of more than 1.5 ounces. The court treated the verdict as one for misdemeanor simple possession of marijuana, vacated the felony conviction, and remanded for resentencing while leaving the defendant's other convictions undisturbed.

Holdings

1. When the trial court does not instruct the jury that possession of more than 1.5 ounces of marijuana is required for felony possession, the instruction submits the lesser offense of simple possession of marijuana rather than felony possession.
2. The issue was reviewable as a sentencing error because Defendant challenged the trial court's entry of judgment for an offense the jury was not instructed to decide, rather than challenging the jury instruction itself.

Questions Presented

1. Whether the trial court erred by entering judgment and sentencing Defendant for felony possession of marijuana when the jury was instructed only on the elements of simple possession and was not instructed to determine whether Defendant possessed more than 1.5 ounces.

Disposition

reversed_and_remanded