State v. Agubata

EAGLES, Judge.

Among the errors argued, defendant asserts that the trial court erred when it refused to admit into evidence letters the defendant alleges were sent to him from another who purportedly confessed to owning the controlled substances found in defendant’s home. Defendant also alleges that because the most prevalent controlled substance in the powder was methaqualone, the proper charge was felony possession of methaqualone, not trafficking in heroin, and that he was entitled to a jury instruction on the lesser included offense of felonious possession of heroin. Finally, defendant…