(DOWNLOAD) "State v. Carpenter" by Supreme Court of the State of Oklahoma " Book PDF Kindle ePub Free
eBook details
- Title: State v. Carpenter
- Author : Supreme Court of the State of Oklahoma
- Release Date : January 28, 2007
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
The trial court erred in a possession with intent to sell or deliver cocaine case by admitting under N.C.G.S. § 8C-1, Rule 404(b) evidence of defendants prior sale of cocaine in 1996 and resulting felony conviction, and defendants conviction is vacated and remanded for a new trial, because: (1) the two offenses in the case at bar are separated by eight years, and evidence related to defendants 1996 sale of cocaine lacked sufficient similarity with his 2004 alleged crime of possession with intent to sell or deliver cocaine; (2) at most, the trial court found that both cases involved multiple dosages of crack cocaine but made no findings as to the significance of these quantities, and there were more differences than similarities when both the quantity and weight of the contraband in the two cases differ by almost precisely 100 percent; (3) although in both instances the crack cocaine rocks were not individually wrapped, an officer testified that rocks of crack cocaine are not normally individually packaged; and (4) the inference afforded by the amount of drugs in defendants possession does not outweigh the prejudice caused by the erroneous admission of his prior conviction.
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