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State of Idaho v. Mark D. Beavers

December 8, 2010

STATE OF IDAHO, PLAINTIFF/RESPONDENT/CROSS-APPELLANT,
v.
MARK D. BEAVERS, DEFENDANT/APPELLANT/CROSS- RESPONDENT.



Appeal from the District Court of the First Judicial District, State of Idaho, Kootenai County. Hon. Charles W. Hosack, District Judge.

The opinion of the court was delivered by: Melanson, Judge

2010 Opinion No. 80

Stephen W. Kenyon, Clerk

Judgment of conviction and sentences for trafficking in marijuana and possession of a controlled substance with intent to deliver, affirmed; judgment of conviction and sentences for trafficking in marijuana, possession of a controlled substance with intent to deliver, and delivery of a controlled substance, affirmed in part, vacated in part, and remanded.

Molly J. Huskey, State Appellate Public Defender; Erik R. Lehtinen, Deputy Appellate Public Defender, Boise, for appellant.

Hon. Lawrence G. Wasden, Attorney General; Elizabeth A. Koeckeritz, Deputy Attorney General, Boise, for respondent.

In these consolidated appeals, Mark D. Beavers appeals from his judgments of conviction and sentences. The state cross-appeals. For the reasons set forth below, we affirm in part, vacate in part, and remand for further proceedings.

I.

FACTS AND PROCEDURE

After receiving reports of a strong odor of marijuana emanating from Beavers‟ home, police obtained a search warrant. During the search of Beavers‟ home, police discovered forty-five growing marijuana plants, jars containing marijuana, and literature on growing marijuana.

Police also discovered scales, bags, and paraphernalia. Beavers was arrested and charged with trafficking in marijuana and possession of a controlled substance with the intent to deliver in Docket No. 36183.

While Beavers was out on bond on those charges, he was arrested for selling marijuana to an undercover police officer. Police again obtained a search warrant for his home and discovered growing marijuana plants, seeds, bags, scales, and jars containing marijuana. Beavers was charged with trafficking in marijuana, possession of a controlled substance with the intent to deliver, and delivery of a controlled substance in Docket No. 36191. The state also sought four sentencing enhancements based on Beavers‟ pending charges in Docket No. 36183.

Beavers was tried first for his charges in Docket No. 36183. During that trial, the district court allowed Beavers to present evidence to the jury on the common-law defense of necessity. Beavers argued that he had a medical condition that was alleviated by his use of marijuana. The district court allowed Beavers to testify about his symptoms, his lack of medical insurance, his financial situation, and how marijuana eased his pain and discomfort. However, at the conclusion of evidence, the district court determined that no reasonable view of the evidence supported the elements of the necessity defense. As such, the district court declined to instruct the jury on the necessity defense. After deliberation, the jury found Beavers guilty of trafficking in marijuana, I.C. § 37-3732B(a)(1)(B), and possession of a controlled substance with the intent to deliver, I.C. § 37-2732(a)(1)(B).

During Beavers‟ second trial, Docket No. 36191, Beavers again asserted the common-law defense of necessity. The district court allowed Beavers to present an offer of proof on the issue of the necessity defense outside the presence of the jury. Beavers again testified about his medical condition. He also testified that he had recently visited a doctor and received medication for his illness, but stopped taking the medication because it was not as effective as marijuana. At the conclusion of Beavers‟ offer of proof, the district court declined to allow Beavers to present evidence on the necessity defense to the jury because he had failed to present evidence supporting the elements of the defense. Further, the district court declined to instruct the jury on the necessity defense. After deliberation, the jury found Beavers guilty of trafficking in marijuana, I.C. § 37-2732B(a)(1)(A); possession of a controlled substance with the intent to deliver, I.C. § 37-2732(a)(1)(B); and delivery of a controlled substance, I.C. § 37-2732(a)(1)(B).

At the conclusion of his second trial, Beavers waived his right to a jury trial on the sentencing enhancements and admitted that he had previous drug trafficking convictions from his first case. At that time, the state withdrew one of the sentencing enhancements.

Beavers was sentenced for all five convictions in a joint sentencing hearing. In Docket No. 36183, Beavers was sentenced to a unified term of six years, with a minimum period of confinement of three years, and a $10,000 fine for trafficking in marijuana and a concurrent unified term of five years, with a minimum period of confinement of one year, for possession of a controlled substance with the intent to deliver.

In Docket No. 36191, the district court applied a sentencing enhancement and sentenced Beavers to a unified term of twelve years, with a minimum period of confinement of two years, and a $5,000 fine for trafficking in marijuana. The district court sentenced Beavers to a unified term of five years, with a minimum period of confinement of two years, for possession of a controlled substance with the intent to deliver. Finally, the district court declined to apply a separate sentencing enhancement and sentenced Beavers to a unified term of five years, with a minimum period of confinement of two years, for delivery of a controlled substance. The district court ordered that the sentences in Docket No. 36191 be served concurrently with one another and the sentences in Docket No. 36183. Beavers appeals, and the state cross-appeals.

II.

ANALYSIS

Beavers argues that the district court erred during both of his trials when it declined to instruct on the common-law defense of necessity and when it refused to allow Beavers to present evidence of the necessity defense to the jury in his second trial. In addition, Beavers argues that the district court erred by determining that the convictions from his first trial could be used to enhance the sentences following his second trial. Finally, on cross-appeal, the state asserts that the district court erred at sentencing when it essentially withdrew Beavers‟ admission of a ...


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