State v. Rich

OPINION

Memorandum Decision of the Court of Appeals, Division Two, Filed March 14, 1995, VACATED IN PART

MOELLER, Vice Chief Justice.

STATEMENT OF THE CASE

The court of appeals upheld defendant’s conviction for possession of marijuana for sale despite the trial court’s failure to disclose to defendant or his counsel that the jury had returned an inconsistent guilty verdict on the lesser included offense of possession. We granted defendant’s petition for review and have jurisdiction pursuant to Ariz. Const., art. VI, § 5(3).

FACTS AND PROCEDURAL HISTORY

Defendant was charged with both possession of…