State v. Mcelroy

625 P.2d 904 (1981)

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Nature of the Case

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Facts

A deputy went to investigate the presence of two suspicious persons near a residence. The two persons told the officer who came to investigate that they were hitchhiking. D asked the deputy sheriff for a ride into Yuma. The deputy agreed and, pursuant to standard procedure, patted the defendant down for weapons. The deputy found a plastic bag filled with white pills in D's shirt. D stated that the pills were 'speed' or amphetamines and that he had purchased them earlier at a bar. The deputy found another plastic bag with more white pills in the back seat of the patrol vehicle after placing D in the back seat. A field test showed positive for amphetamines. Later analysis indicated that the pills were not amphetamines or dangerous drugs of any kind proscribed by statute. D was charged with 'attempt' to possess dangerous drugs. D was tried for attempted possession and moved for a directed verdict, which was denied. The statute states that a defendant is guilty of an intentional crime if he engages in conduct which would constitute an offense if the attendant circumstances were as such person believes them to be. The court found D guilty. D appealed.