State v. McLaughlin

The Supreme Judicial Court affirmed the judgment of the trial court convicting Defendant of aggravated trafficking in schedule W drugs, in violation of Me. Rev. Stat. 17-A, 1105-A(1)(D), holding that section 1105-A(1)(D) does not require the State to prove the weight of “pure” cocaine base.On appeal, Defendant argued that the statute required the State to prove the weight of pure cocaine base in isolation and that the trial court erred in failing to include that requirement in its instructions to the jury. The Supreme Judicial Court disagreed, holding (1) section 1105-A(1)(D) does not require the State to prove the weight of “pure” cocaine base; and (2) the court did not err when it instructed the jury that “[c]ocaine base includes any mixture or preparation that contains any quantity of cocaine base, which is the alkaloid base of cocaine.” View "State v. McLaughlin" on Justia Law