State v. Clark

In State v. Clark, 137 N.C. App. 90, 527 S.E.2d 319 (2000), police intercepted a mail package that contained 12.5 pounds of marijuana. The police removed all but 0.13 kilograms of the marijuana then delivered the package to the defendant. Upon accepting delivery of the package the defendant was arrested and later convicted of trafficking in marijuana by possession of more than 10 pounds. The Court reversed his conviction for trafficking by possession. The Court held that because the defendant never had possession of the trafficking amount he could not be convicted of trafficking by possession. But, because the defendant erroneously believed he had possession of the trafficking amount, the Court ordered the trial court, on remand, to enter judgment upon a conviction of attempting to traffic by possession. Id. at 97, 527 S.E.2d at 323.