State v. Lesley

DURHAM, Justice:

This is an appeal from two convictions, one for production of a controlled substance, a felony, and the other for criminal trespass, a class C misdemeanor. The appellant raises three points of error, claiming that: 1) the trial court erred in instructing the jury on the elements of criminal trespass; 2) the trial court’s denial of the appellant’s motion to suppress evidence was prejudicial error; and 3) the trial court erred in denying the appellant’s motion for a mistrial based on the drowsiness of a juror.

On August 21, 1980, based on an earlier discovery and investigation, a…