State v. Markham
State v. Markham
Opinion of the Court
Where case precedent has established that a trial court did not abuse its discretion in denying a motion to set aside an inconsistent verdict, and where defendant cannot cite any case law in support of her argument on appeal, we affirm the ruling of the trial court.
A jury found defendant Christy Bradley Markham guilty of sale of morphine, a Schedule II controlled substance, upon evidence that she gave an undercover police officer twenty morphine pills in exchange for $200 on 6 March 2012. The same jury found defendant not guilty of possession with intent to sell or deliver morphine. The trial court suspended a prison sentence of nine to twenty months and placed defendant on thirty months of supervised probation. Defendant appeals.
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In her sole issue on appeal, defendant claims the trial court erred in denying her motion to set aside the jury's verdict as inconsistent with the evidence. Specifically, defendant argues that the two charges, of possession with intent to sell or deliver morphine and sale of morphine, presented the jury with an "all or nothing case, either guilty of both or not guilty." We disagree.
Although defendant challenges the perceived inconsistency between the two verdicts, defendant also acknowledges that her appeal is controlled by State v. Mumford,
NO ERROR.
Judges DIETZ and TYSON concur.
Report per Rule 30(e).
Opinion
Appeal by defendant from judgment entered 29 May 2014 by Judge James W. Morgan in Lincoln County Superior Court. Heard in the Court of Appeals 1 June 2015.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.