Porter v. State

Appellant, James Edward Porter, appeals his convictions and sentences for trafficking in amphetamine or methamphetamine (200 grams or more), unlawful possession of a listed chemical, the sale, manufacture, delivery or possession with the intent to sell, manufacture, or deliver a controlled substance, and possession of drug paraphernalia. We agree with Appellant that the trial court fundamentally erred in omitting portions of the standard jury instruction on constructive possession because the omission was pertinent and material to what the jury had to consider in order to convict. See State…