State v. Clark

WELLS, Judge.

Defendant’s primary assignments of error are that the trial court (1) failed to hold a jury instruction conference, (2) refused to instruct the jury on the charge of possession of a controlled substance as a lesser included offense of sale and delivery, and (3) incorrectly defined constructive possession to the jury. We find the trial court erred in failing to conduct an instruction conference and instructing the jury and submitting a verdict form *57that permitted an inherently ambiguous and fatally defective verdict of guilty of sale or delivery of a controlled substance.

Defendant…