Delivery of cannabis within 1000 feet of school -- Jury instructions -- Where the state charged defendant with delivery or attempted delivery of cannabis, trial court erred by instructing jury that it could convict defendant if it found that he “sold, delivered, or possessed with intent to sell or deliver” cannabis. The error was fundamental where instruction included an uncharged theory of the offense, state argued in favor of, and presented evidence on, the uncharged theory, and jury returned a general verdict of Guilty. The error is fundamental requiring a New Trial.

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