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Home / Opinion Digests / Criminal Practice / Criminal Practice  –  Heroin Trafficking – Weight – Expert Testimony – Jury Instructions – Lesser Included Offense (access required)

Criminal Practice  –  Heroin Trafficking – Weight – Expert Testimony – Jury Instructions – Lesser Included Offense (access required)

The state presented evidence that the 335 bindles of heroin seized from defendant weighed a total of 4.995 grams; thus, the total exceeded the four-gram threshold for a conviction of trafficking in heroin. Since there was no conflicting evidence, the trial court’s jury instruction—which did not include a charge as to the lesser included offense of heroin possession—was not ...

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