STATE v. CHISHOLM

No. COA12-901.

737 S.E.2d 818 (2013)

STATE of North Carolina v. Zavier Charles CHISHOLM.

Court of Appeals of North Carolina.

February 19, 2013.


Attorney(s) appearing for the Case

Attorney General Roy Cooper by Special Deputy Attorney General James M. Stanley, Jr. , for the State.

Appellate Defender Staples S. Hughes by Assistant Appellate Defender Constance E. Widenhouse , for defendant-appellant.


STEELMAN, Judge.

Where evidence was sufficient to establish one of three statutory factors defining a counterfeit controlled substance and to provide an inference of defendant's intent to sell or deliver, the trial court properly denied defendant's motion to dismiss the charge of possession with the intent to sell or deliver a counterfeit controlled substance. Where there was sufficient evidence of incriminating factors to support constructive possession, the trial...

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