Legal Opinion

State v. Davis

Idaho Court of Appeals

Decided March 13, 2007No. 32637Published

1Opinion of the Court

LANSING, Judge.

Michael Shawn Davis was convicted, by jury trial, of possession of methamphetamine, Idaho Code § 37-2732(c)(1). He appeals, contending that the charging information did not allege an offense and was therefore jurisdietionally defective. Specifically, Davis argues that the information was deficient because it omitted an element of the alleged offense — that Davis knovÁngly was in possession of methamphetamine.

The statute that Davis was charged with violating, I.C. § 37-2732(c), specifies, “It is unlawful for any person to possess a controlled substance,” including methamphet…

2Cases cited12 opinions

  1. State v. ToohillIdaho Court of Appeals · 1982
  2. State v. BrownIdaho Supreme Court · 1992
  3. State v. RogersIdaho Supreme Court · 2004
  4. State v. JonesIdaho Supreme Court · 2004
  5. State v. CharboneauIdaho Supreme Court · 1993

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