STATE v. BEAM

No. COA09-422.

688 S.E.2d 40 (2010)

STATE of North Carolina v. Letisha Dawn BEAM.

Court of Appeals of North Carolina.

January 5, 2010.


Attorney(s) appearing for the Case

Attorney General Roy Cooper, by Assistant Attorney General David W. Boone, for the State.

Robert W. Ewing, Clemmons, for defendant-appellant.


STEELMAN, Judge.

Under the language of N.C. Gen.Stat. § 90-87(7), an attempted delivery of a controlled substance satisfies the statutory definition of delivery. While the State bore the burden of proof to establish the elements of drug offenses under N.C. Gen.Stat. § 90-95, defendant was required to prove an exemption from prosecution under N.C. Gen.Stat. § 90-113.1(a). Defendant's evidence did not establish as a matter of law that she was legally...

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