State v. Stevens

Defendant was charged in an 11-count indictment with a variety of drug-related felonies, several of which included the ¿legation that his conduct was part of a “drug manufacture scheme.” He demurred to several of those counts, contending that the “scheme or network” allegations were unconstitutionally vague. The court overruled the demurrer, holding that those allegations in the indictment were sentencing considerations and not for the jury. Defendant then accepted the state’s plea bargain offer by pleading guilty to two of the counts, one of which included the allegation that was the basis…