People v. Pegenau

In this criminal matter, the Court of Appeals reversed defendant Robert Paul Pegenau, Jr.’s, jury conviction for unlawful possession of Valium and Xanax.1 We granted the prosecutor’s application for leave to appeal2 to determine: (1) the constitutionality of MCL 333.7403; MSA 14.15(7403) and MCL 333.7531; MSA 14.15(7531), that define the offense of possession of a controlled substance and place the burden of proving a prescription on defendant, and (2) whether the trial court erred in denying defendant’s motions for a directed verdict and for a new trial. Because we find that §§ 7403 and 7531…