STATE v. BARBER

No. 27,938.

92 P.3d 633 (2004)

135 N.M. 621

2004-NMSC-019

STATE of New Mexico, Plaintiff-Respondent, v. Joe BARBER, Defendant-Petitioner.

Supreme Court of New Mexico.

May 19, 2004.


Attorney(s) appearing for the Case

John Bigelow, Chief Public Defender, Sheila Lewis, Assistant Appellate Defender, Santa Fe, for Petitioner.

Patricia A. Madrid, Attorney General, M. Anne Kelly, Assistant Attorney General, Albuquerque, for Respondent.


OPINION

BOSSON, Justice.

{1} Defendant Joe Barber appeals from his conviction of possession of methamphetamine with intent to distribute. See NMSA 1978, § 30-31-22 (1990). Our primary issue is whether the absence of a jury instruction defining possession constitutes fundamental error and requires a new trial. Defendant claims that the failure to define possession addressed a "critical determination akin to a missing elements instruction" and...

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