State v. Zarate

The state of Idaho appeals from an order granting defendant respondents Tomasa and Frank Zarate’s motion for judgment of acquittal of the crime of possession of heroin. The trial court ruled that notwithstanding the jury verdicts of guilty there was insufficient evidence to sustain their convictions because the prosecution had not established that the defendants were in possession of the heroin, nor had it established that a usable quantity of heroin was recovered.1

The State contends that it has a right to appeal from the trial court’s ruling under I.C. § 19-2804(5).2 We must decide whether…