State v. Darkis

OPINION

ARMIJO, Judge.

{1} Dave Darkis (Defendant) challenges his conviction for felony possession of cocaine. This appeal presents a question regarding double jeopardy — specifically, the prohibition against successive prosecutions— and a defendant’s right to have the jury instructed in accordance with that defendant’s theory of defense. For the reasons discussed below, we reverse Defendant’s conviction, remanding the matter for a new trial.

FACTUAL AND PROCEDURAL BACKGROUND

{2} The facts of this case are not significantly in dispute. In late April 1998, Defendant was arrested upon a probation…