Court of Appeals decision finding that circumstantial evidence supported the conclusion that defendant sold fentanyl instead of heroin to the victim. The court also noted “[w]hile the evidence does not foreclose the possibility that fentanyl may not have been the sole cause of [the victim’s] death, there is ample evidence to support a conclusion that it was, in fact, fentanyl that killed [the victim].” Slip Op. at 9. The Court rejected the defendant’s argument that he could not foresee that the victim would consume all the drugs at once. The court found sufficient evidence to submit the question of proximate cause to the jury.
North Carolina Office of Indigent Defense Services