State v. Toben
Annotate this CaseAfter a jury trial, Defendant was convicted of possessing and distributing synthetic marijuana. At trial, Defendant’s defense was that he mistakenly believed that the products had no illicit substances in them. On the question of knowledge, the State was required to prove Defendant’s awareness of the character and nature of the substances he was possessing and selling. On appeal, Defendant asserted that the trial court plainly erred when it gave the jury misleading and incomplete jury instructions on what was required to prove “knowing possession” of a controlled substance. The Supreme Court affirmed, holding (1) the circuit court adequately instructed the jury on the element of knowledge in the absence of a request for a more precise definition; and (2) the circuit court did not plainly err by not giving a mistake of fact instruction sua sponte.
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