State v. Fair, 25-880

Defendant was convicted by a jury of trafficking in heroin by possession and transportation after a multi-agency wiretap investigation and controlled meeting in Greensboro. 1
DEA Agent Morgan testified that intercepted communications led officers to Defendant’s phone number and to a planned heroin delivery to Compare Foods. 2
Officers observed Defendant meet Olmos, exchange a box and a bag, and later recovered 986.5 grams of heroin from the resealed detergent box in Defendant’s car. 3
At trial, neither Jose Garcia nor Juan Olmos testified, and Defendant presented no evidence. 4
The court instructed the jury on trafficking by possession and transportation, and Defendant received two consecutive 225–282 month sentences. 5
On appeal, Defendant sought plain-error review of an omitted guilty-knowledge instruction and admission of testimony about Garcia and Olmos being arrested and charged. 6

Issue	Plaintiff's Argument	Defendant's Argument	Held
Was a guilty-knowledge instruction required? 7	State: evidence showed knowing heroin trafficking; no instruction needed.	Fair: jury needed express instruction that he knew the box contained heroin.	No error; Fair never contended lack of knowledge. 8
Was testimony about Garcia and Olmos’ arrests and charges plain error? 9	State: testimony explained the investigation’s chain, not Defendant’s guilt.	Fair: jury could infer guilt from non-testifying co-defendants’ charges.	No error; admission was not plain error. 10

State v. Reber, 386 N.C. 153 (N.C. 2024) (plain-error standard requires a probable different verdict and exceptional prejudice 11)
State v. Collins, 334 N.C. 54 (N.C. 1993) (plain error must amount to a miscarriage of justice 12)
State v. Keys, 87 N.C. App. 349 (N.C. Ct. App. 1987) (trafficking by possession requires knowing possession of a specified amount of heroin 13)
State v. Glover, 376 N.C. 420 (N.C. 2020) (trafficking requires knowing possession of a controlled substance 14)
State v. Miller, 369 N.C. 658 (N.C. 2017) (knowledge includes awareness of the substance’s identity 15)
State v. Galaviz-Torres, 368 N.C. 44 (N.C. 2015) (knowledge is presumed when trafficking is prima facie shown absent contrary evidence 16)
State v. Lopez, 176 N.C. App. 538 (N.C. Ct. App. 2006) (defendant can trigger a guilty-knowledge instruction by evidence showing lack of knowledge 17)
State v. Nobles, 329 N.C. 239 (N.C. 1991) (guilty-knowledge instruction required when defendant introduces evidence of lack of knowledge 18)
State v. Coleman, 227 N.C. App. 354 (N.C. Ct. App. 2013) (State evidence alone can amount to a defendant’s contention of lack of knowledge 19)
State v. Batchelor, 157 N.C. App. 421 (N.C. Ct. App. 2003) (co-defendant charges are inadmissible unless used for a legitimate non-guilt purpose 20)
State v. Lyles, 172 N.C. App. 323 (N.C. Ct. App. 2005) (admission of co-defendant charge evidence was not plain error absent likely different result 21)