STATE v. CHEATHAM

No. 28338.

80 P.3d 349 (2003)

139 Idaho 413

STATE of Idaho, Plaintiff-Respondent, v. John S. CHEATHAM, Defendant-Appellant.

Court of Appeals of Idaho.

November 12, 2003.


Attorney(s) appearing for the Case

Frederick G. Loats, Coeur d'Alene, for appellant.

Hon. Lawrence G. Wasden, Attorney General; Karen A. Hudelson, Deputy Attorney General, Boise, for respondent. Karen A. Hudelson argued.


LANSING, Chief Judge.

This is an appeal from a judgment of conviction for possession of methamphetamine, resisting and obstructing officers, and possession of psilocybin, with a persistent violator sentence enhancement for the methamphetamine offense. In challenging the adjudication of guilt, John Cheatham contends that the jury was erroneously instructed on the elements of the possession crimes. We conclude that although the instructions were incorrect, the error...

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