State v. Campbell

ON PETITION FOR REHEARING

T 10 Campbell seeks reconsideration of our affirmance of the trial court's decision to not instruct the jury on a lesser included offense. We reaffirm that possession of drug paraphernalia is not an included offense of possession of a controlled substance because the two offenses require proof of different elements to sustain a conviction. Although the petition for rehearing is otherwise denied, Campbell identifies some concerns with our prior decision that merit comment and clarification.

T11 The thrust of Campbell's petition is that this court misapprehended State v.…