State v. Waelder

KAROHL, Judge.

Defendant appeals conviction and twelve year sentence as a persistent offender for sale of 3.14 grams of marijuana on November 16, 1989, to an undercover police officer. The officer testified defendant sold him marijuana in the presence of defendant’s friend, Rusty Davis. The officer acknowledged that Davis later claimed to own the marijuana. Defendant testified Davis made the sale. In a jury waived trial, the court believed the officer.

A few days before trial defendant filed a motion to suppress the officer’s testimony. Defendant alleged: (1) Davis was present at the time of…