State v. Fox

709 P.2d 316 (1985)

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Nature of the Case

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Facts

Sheriff's received an anonymous letter stating that there were 7-foot marijuana plants growing at 249 Harris Street. The residence belonged to Gary (D). An officer went to investigate. The officer was able to determine that one of two greenhouses contained marijuana plants. The officer obtained a search warrant for the house and the greenhouses and conducted a search while the premises were unoccupied. One bedroom contained men's clothing, carpentry tools, and a plastic identification card for Clive (D) which had expired April 15, 1982. The second bedroom contained men's clothing, women's underclothing, a checkbook, and bank deposit slips with Gary's (D) name on them, a book entitled Marijuana Grower's Guide, marijuana and drug paraphernalia. The kitchen contained marijuana and other paraphernalia. Both greenhouses contained marijuana plants. One of the greenhouses was accessible from the kitchen and had no outside entrance. The kitchen and greenhouse were not separated or blocked off from the remainder of the house, and the entire house was very humid. The officers found mail addressed to both Ds. Gary (D) and gas bills were sent to him. The telephone listing, however, was in Clive's (D) name and had been since 1979. A neighbor testified that he thought Ds lived at the house. An officer testified that the house appeared to be occupied because the refrigerator and cupboards contained food, and the kitchen had both clean and dirty dishes in it. Ds moved to dismiss the charges because of insufficient evidence. The motion was denied. Ds were convicted of production of a controlled substance and possession of a controlled substance with intent to distribute. Ds appealed.