Overson v. State
Annotate this CaseDefendant was convicted of felony possession of methamphetamine and possession of methamphetamine with intent to deliver. Defendant appealed his conviction on the charge of possession with intent to deliver, arguing that the district court erred when it admitted evidence of a prior drug transaction. Further, Defendant claimed that because felony possession is a lesser included offense of possession with intent to deliver, the district court erred in convicting and sentencing him on both counts. The Supreme Court reversed Defendant’s conviction for possession with intent to deliver, holding (1) the district court erroneously admitted the evidence of Defendant’s prior drug transaction; and (2) it is therefore unnecessary to consider Defendant’s second issue.
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