STATE v. BARBER

No. 22,706.

65 P.3d 1095 (2003)

133 N.M. 540

2003-NMCA-053

STATE of New Mexico, Plaintiff-Appellee, v. Joe BARBER, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Granted March 20, 2003.


Attorney(s) appearing for the Case

Patricia A. Madrid, Attorney General, Santa Fe, NM, M. Anne Kelly, Assistant Attorney General, Albuquerque, NM, for Appellee.

John B. Bigelow, Chief Public Defender, Sheila Lewis, Assistant Appellate Defender, Santa Fe, NM, for Appellant.


Certiorari Granted, No. 27,938, March 20, 2003.

OPINION

CASTILLO, Judge.

{1} Defendant Joe Barber appeals his conviction of possession of a controlled substance with intent to distribute. Defendant advances four arguments on appeal: (1) fundamental error in the trial counsel's failure to instruct the jury on the legal definition of possession; (2) ineffective assistance of counsel; (3) abuse of discretion in admitting evidence of Defendant...

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