[DOWNLOAD] "Mountain Electric Company v. Gilbert" by Supreme Court Of Idaho # eBook PDF Kindle ePub Free
eBook details
- Title: Mountain Electric Company v. Gilbert
- Author : Supreme Court Of Idaho
- Release Date : January 06, 1964
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
Following a preliminary hearing, the defendant-respondent, Robert Molinelli, was held to answer in district court on the charge of delivery of a controlled substance, marijuana, in violation of I.C. § 37-2732(a)(1)(B). An information so charging him was filed in district court. Pursuant to the provisions of I.C. § 19-815A, Molinelli moved the court to dismiss or in the alternative to reduce the charge to possession of a controlled substance, similar to the procedure invoked in Carey v. State, 91 Idaho 706, 429 P.2d 836 (1967), where a defendant on a petition for writ of habeas corpus challenged the sufficiency of the evidence taken at the preliminary hearing to sustain a first degree murder information, insofar as it alleged the element of premeditation. That issue was briefed by the parties and argued orally as well. Thereafter, the court entered an order reducing the charge from delivery -- a felony -- to possession of a controlled substance under three ounces, marijuana -- a misdemeanor. The court denied a motion by the State to stay further proceedings and Molinelli entered a plea of guilty to the possession charge, with the court noting that an amended information would be filed later by the prosecuting attorneys office. The state filed another motion to stay further proceedings and a notice of appeal. The motion to stay was argued at the sentencing hearing on September 22, 1981, and the court entered an order denying it. Thereafter, the court entered an order withholding judgment, imposing certain terms and conditions for a one-year period of probation. In an order dated May 14, 1982, the court concluded that Molinelli had satisfactorily complied with the terms and conditions of his probation, and, therefore, Molinelli was discharged and the criminal action was dismissed.