State v. Barber

OPINION

BOSSON, Justice.

{1} Defendant Joe Barber appeals from his conviction of possession of methamphetamine with intent to distribute. See NMSA 1978, § 30-31-22 (1990). Our primary issue is whether the absence of a jury instruction defining possession constitutes fundamental error and requires a new trial. Defendant claims that the failure to define possession addressed a “critical determination akin to a missing elements instruction” and created the possibility of jury confusion. The Court of Appeals declined to find fundamental error. See State v. Barber, 2003-NMCA-053, ¶¶ 9-11, 133 N.M.…