[U] State v. Averill

Concurring: Carroll C. Bridgewater, J. Robin Hunt UNPUBLISHED OPINION Douglas Averill, Mike McCreven, and Deborah Griffith appeal their convictions for the unlawful manufacture of methamphetamine within 1,000 feet of a public school ground. The State concedes instructional error. As the error was not harmless to McCreven, we reverse his conviction and remand for a new trial. As there is insufficient evidence to support Griffith's conviction, we reverse and dismiss her conviction with prejudice. Finally, we reverse the school zone sentence enhancements on Averill's and McCreven's convictions for insufficient evidence, but affirm Averill's underlying conviction. FACTS