Friday, November 15, 2013

State v. Fox case brief

State v. Fox case brief summary
866 P.2d 181 (1993)

Defendant sought review of a decision of the District Court of the Seventh Judicial District, Bonneville County (Idaho), which, after he entered a conditional plea of guilty, convicted him of possession of ephedrine, a controlled substance.

Defendant ordered and received 100,000 tablets of ephedrine from an out-of-state mail order distributor. Defendant was charged with conspiracy to manufacture a controlled substance and possession of ephedrine.

The trial court dismissed the conspiracy count. The trial court refused to allow defendant to enter into evidence several magazines that carried mail order advertisements for ephedrine from out-of-state suppliers. Later, defendant renewed his argument that the magazines were relevant to show his state of mind. The trial court again refused to admit the magazines. Defendant entered a conditional plea of guilty to the possession count.

  • On appeal, the court affirmed defendant's conviction and determined that the only intent relevant to the crime was the knowing possession of ephedrine. 
  • The court found that any evidence showing defendant's lack of knowledge that ephedrine was illegal was irrelevant. 
  • Thus, the court concluded that the magazines were not relevant.

The court affirmed defendant's conviction for possession of a controlled substance.

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