Cases

Case Date:
23-10-2018

Case Information:
The petitioner, a pharmacist who owned a pharmacy in Martinsburg, West Virginia, appeals his sentence of one to three years in the penitentiary upon the conviction of one felony count of Delivery of Diazepam, his sentence of one to three years in the penitentiary upon the conviction of one felony count of Delivery of Diazepam, and his sentence of one to five years in the penitentiary upon the conviction of one felony count of Delivery of Buprenorphine. The petitioner asserts that the circuit court erred in failing to instruct the jury with respect to the lesser offense of delivery by a pharmacist. In response, the State argues that the offense of delivery by a pharmacist is not a lesser included offense with respect to the offenses charged in this matter and, therefore, the petitioner was not entitled to have the jury instructed with respect to the offense of delivery by a pharmacist.