State v. Martinez
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The Supreme Court affirmed the decision of the court of appeal upholding Defendant's convictions for, among other things, possession of methamphetamine with the intent to distribute, holding that multiple errors in the jury instructions given at Defendant's trial did not warrant reversal of Defendant's convictions.
After a jury trial, Defendant was convicted of possession of more than 100 grams of methamphetamine with the intent to distribute, tampering with evidence, criminal trespass, and possession of marijuana. The Supreme Court affirmed, holding (1) Defendant's constitutional challenge to Kan. Stat. Ann. 21-5705(e)(2) did not warrant relief; (2) Defendant failed to meet his burden to show clear error in the jury instructions warranting the reversal of his conviction for possession of methamphetamine with intent to distribute; (3) sufficient evidence supported Defendant's methamphetamine conviction, and that conviction was not the product of impermissible stacking; (4) the court should have instructed the jury on simple possession of methamphetamine, but this error did not warrant reversal; and (5) the cumulative effect of the trial errors did not violate Defendant's right to a fair trial.
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