(Download) "State Idaho v. Robert Pete Kluss" by Court of Appeals of Idaho No. 19835 * Book PDF Kindle ePub Free
eBook details
- Title: State Idaho v. Robert Pete Kluss
- Author : Court of Appeals of Idaho No. 19835
- Release Date : January 27, 1993
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 74 KB
Description
SWANSTROM, J., pro tem. A jury found Robert Pete Kluss guilty of manufacturing a controlled substance (growing and processing marijuana), I.C. §37-2732(a)(1)(B); possession of a controlled substance (marijuana) with the intent to deliver, I.C. § 37-2732(a)(1)(B); and possession of marijuana without a tax stamp, I.C. § 37-4207(2). Kluss appeals contending (1) that the district court erred in denying his motion to suppress evidence obtained through a search of his house, (2) that the court committed fundamental error by not instructing the jury that the crime of possession with intent to deliver is an included offense of the crime of possession of a controlled substance without a tax stamp; (3) that, when sentencing, the district court improperly considered Kluss's failure to rebut implications made about his apparent source of income; (4) that, in violation of I.C.§ 18-301, he was sentenced for two crimes arising from the same acts; (5) that the court abused its sentencing discretion
by requiring the three sentences to be served consecutively. For reasons given below, we affirm the conviction and sentences for manufacturing marijuana and possession of marijuana without a tax stamp, but in order to avoid double punishment for the same acts, we vacate the conviction for possession with intent to deliver.
 "State Idaho v. Robert Pete Kluss" by Court of Appeals of Idaho No. 19835 * Book PDF Kindle ePub Free){kind=link}