State v. Benniefield

678 N.W.2d 42 (2004)

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Nature of the Case

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Facts

On December 17, 2001, at approximately 11:00 p.m., an officer noticed D walking within approximately 61 feet of the Riverside School property line. The officer recognized D and checked with police dispatch to see if there were any outstanding warrants for his arrest. There was an outstanding warrant D was placed under arrest. During a pat-down search, a makeshift crack pipe was discovered. Benniefield was placed in another officer's squad car and taken directly to the adult detention center. When D was placed in a transporting officer's and taken to detention, the officer found a baggie containing 1.10 grams of cocaine. D was charged with possession of any amount of a Schedule II narcotic drug 'in a school zone, a park zone, a public housing zone, or a drug treatment facility.' A school zone is any property owned, leased, or controlled by a school district or an organization operating a nonpublic school out to a distance of 300 feet or one city block, whichever distance is greater, beyond the school property and any area within a school bus when that bus is being used to transport one or more elementary or secondary school students. D represented himself and informed the jury that he had not intended to be in a school zone. D was merely on his way home from work, and that this was the most direct route to his home. D was not allowed to present the intent argument. D was found guilty. On appeal, D argued that punishing for possession of a controlled substance in a school zone more harshly violates equal protection and that the district court erred in failing to instruct the jury that the offense required proof of intent to be in a school zone. The court of appeals affirmed. D appealed.