State v. Holmes

MILLER, Chief Justice.

A jury convicted Roger James Holmes (Holmes) on three separate criminal charges: driving while under the influence, possession of marijuana, and possession of a loaded firearm while intoxicated. We affirm.

DECISION

At trial, the presumption of innocence instruction was not given to the jury.1 After the jury had returned its verdict, the trial judge realized this omission and noted that the presumption instruction had been “inadvertently omitted” from the instructions given to the jury. Although *613admitting the error, the trial judge concluded that it had no effect on the…