State v. Trejo

In State v. Trejo, 163 N.C. App. 512, 594 S.E.2d 125 (2004), the trial court instructed the jury that if it found that the defendant possessed "ten pounds or more but less than fifty pounds" of marijuana, it should find him guilty of trafficking in marijuana. Trejo, 163 N.C. App. at 517-18, 594 S.E.2d at 129. The State provided evidence that the box of marijuana transported by the defendant weighed 18 pounds, while the defendant testified that the box only weighed 6 or 7 pounds. Id. at 518, 594 S.E.2d at 129. Because the evidence in Trejo could have supported an inference that the defendant possessed exactly ten pounds of marijuana, we reversed his convictions. Id.