State v. Molinelli

BISTLINE, Justice.

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…