State v. Hodge

The defendants, Larry Hodge and Theresa Jane Carpenter, were charged in separate informations with possession of marijuana with intent to manufacture, distribute, deliver, or dispense. After a consolidated trial on stipulated facts, they were found guilty. The defendant Hodge was sentenced to 3 to 5 years’ imprisonment, with credit for 2 days served. Carpenter was sentenced to 1 to 3 years’ imprisonment, also with credit for 2 days served.

On appeal, the defendants attack the constitutionality of a search made on September 29, 1985, claiming that the trial court erred in finding there was…