State v. Saunders

MORRIS, Judge.

We first consider defendant’s contention that the crime of possession of marijuana with intent to sell and deliver is a lesser included offense of sale and delivery of marijuana by a person 18 years or older to a person under 16 years of age. Defendant accurately points out that, by its very terms, a violation of G.S. 90-95(e)(5) (delivery of a controlled substance by a person 18 years of age or over to a person under 16 years of age) can only be shown by proof, inter alia, that a violation of G.S. 90-95(a)(l) has occurred. However, G.S. 90-95(a)(l) encompasses several distinct…