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State of Idaho v. Alex Lee Pettit

April 4, 2013

STATE OF IDAHO,
PLAINTIFF-RESPONDENT,
v.
ALEX LEE PETTIT,
DEFENDANT-APPELLANT.



Appeal from the District Court of the Fifth Judicial District, State of Idaho, Twin Falls County. Hon. G. Richard Bevan, District Judge.

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

2013 Unpublished Opinion No. 430

Stephen W. Kenyon, Clerk

THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY

Judgment of conviction for possession of controlled substance with intent to deliver, affirmed.

Alex Lee Pettit appeals from his judgment of conviction for possession of a controlled substance with the intent to deliver, Idaho Code § 37-2732(a)(1)(B). He claims that the district court erred by requiring him to provide irrelevant testimony regarding the identity of the person from whom he purchased marijuana.

I.

FACTUAL AND PROCEDURAL BACKGROUND

In July 2010, detectives from the Twin Falls Sheriff's Department obtained a search warrant for Pettit's residence. Once inside the residence, the deputies found marijuana, cash, packaging supplies, a scale, and firearms. Pettit was arrested and charged with one count of possession of a controlled substance with the intent to deliver, in violation of I.C. § 37- 2732(a)(1)(B).

At trial, Pettit admitted possessing the marijuana but denied that he possessed it with the intent to deliver. On cross-examination, Pettit was asked by the prosecutor about where he had obtained the marijuana and the following interaction occurred:

COUNSEL]: [THE COURT]:

[PETTIT]:

[PROSECUTOR]:

[PETTIT]:

[THE COURT]:

[PETTIT]:

[DEFENSE COUNSEL]:

[THE COURT]:

[PROSECUTOR]:

[PETTIT]:

[PROSECUTOR]:

[PETTIT]:

[PROSECUTOR]:

[PETTIT]:

...


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