State v. Blake
| Decision Date | 02 August 1999 |
| Docket Number | No. 23655, No. 23694., No. 23656 |
| Citation | 133 Idaho 237,985 P.2d 117 |
| Parties | STATE of Idaho, Plaintiff-Respondent, v. James Michael BLAKE, Defendant-Appellant. |
| Court | Idaho Supreme Court |
John M. Adams, Chief Public Defender; J. Bradford Chapman, Deputy Public Defender, Coeur d'Alene, for appellant. J. Bradford Chapman argued.
Hon. Alan G. Lance, Attorney General; Kenneth K. Jorgensen, Deputy Attorney General, Boise, for respondent. Kenneth K. Jorgensen argued.
James Blake (Blake) appeals from his judgment and conviction on two drug charges: one count of possession of cocaine and one count of possession of methamphetamine with intent to deliver. At the time, Blake was on probation for a previous drug-related conviction. On appeal, Blake asserts that the trial court improperly instructed the jury on the crime of possession of a controlled substance, arguing that the instructions given allowed the jury to convict without proof of criminal intent. Moreover, Blake complains that the evidence presented as to the methamphetamine charge was insufficient to support a guilty verdict and that the prosecutor engaged in misconduct denying his right to a fair trial. In a consolidated appeal, Blake asserts that the trial court erred in finding probation violations based on the above convictions and, thus, revoking his probation.
In December of 1995, Blake was convicted of possession of methamphetamine and felony possession of marijuana for which he received a suspended sentence and three years probation. Blake was again arrested in September 1996 after a vehicle driven by Richard Herndon (Herndon) in which Blake was a passenger was stopped for safety violations. A subsequent consensual search of the vehicle uncovered methamphetamine, a scale, and other paraphernalia. Following a pat down search of Blake at the jail, an officer discovered a sports wallet containing cocaine in Blake's underwear.
Blake was charged with possession of cocaine and possession of methamphetamine with intent to deliver to which he pled not guilty. At trial, Blake did not testify; however, Herndon testified that all of the items found in the car were his, including the sports wallet found during the pat down search of Blake. Herndon stated that there was a warrant out for his arrest in Montana, so before the officer approached the vehicle, Herndon gave Blake his Montana identification in an attempt to conceal his identity. However, Herndon could not remember if he gave Blake the wallet containing the identification or if he only handed Blake the Montana driver's license.
The arresting officer testified that once he pulled the vehicle over, he observed the two occupants look at him and immediately begin moving things around in the car. The officer testified that he "specifically remember[ed] that the right-front passenger [Blake] began going underneath the seat, the seat he was sitting on, and acting like he was retrieving or concealing something." After receiving consent to search the car, the drug detection dog alerted under Blake's seat. A further search revealed methamphetamine hidden inside a hollowed-out book.
The jury returned guilty verdicts on both counts. At a later hearing, the trial court took judicial notice of the convictions, revoked Blake's probation, and imposed the previously suspended sentence. Blake now appeals.
Blake asks this Court to vacate his convictions arguing that the jury instructions allowed the jury to convict on a negligence rather than a criminal standard. Whether the trial court properly instructed the jury presents a question of law over which this Court exercises free review. State v. Row, 131 Idaho 303, 310, 955 P.2d 1082, 1089 (1998). Upon review, this Court examines whether the instructions as a whole "fairly and accurately reflect the applicable law." Id. An erroneous instruction provides a basis for reversal if the instruction misled the jury or otherwise prejudiced the complaining party. Id.
Even if the instructions were improper, the State argues that Blake invited the error and, thus, waived his ability to challenge the instructions on appeal. While a defendant need not object to an instruction at trial to preserve his right to later challenge that instruction on appeal, State v. Smith, 117 Idaho 225, 229, 786 P.2d 1127, 1131 (1990), the State contends that when given the chance to object to the challenged instructions at trial, Blake's counsel, instead, concurred in giving the instructions. Under the invited error doctrine, the State argues that Blake cannot now challenge the instructions on appeal.
In State v. Lopez, 100 Idaho 99, 593 P.2d 1003 (1979), this Court articulated the invited error doctrine in the context of jury instructions and held that where a defendant objects to an instruction causing the trial court to fail to provide a mandatory instruction, the defendant invited the error and cannot later challenge the trial court's mistake on appeal.
In the present case, the following exchange took place concerning the challenged jury instructions:
The State contends that Blake's counsel invited that error by concurring. Blake contends that the court had already decided what instructions to give and that his counsel was simply acceding because any further argument would be futile.
The purpose of the invited error doctrine is to prevent a party who caused or played an important role in prompting a trial court to give or not give an instruction from later challenging that decision on appeal. Blake's counsel's concurrence did not invite the court to give the challenged instructions; the judge had already made that decision. It appears that the trial court was merely giving the parties an opportunity to object on the record after the court had decided on the instructions in an informal conference. Therefore, we hold that Blake did not invite any error and we will consider the merits of Blake's argument.
Blake was convicted under I.C. § 37-2732 which makes it illegal to possess controlled substances such as cocaine and methamphetamine. This Court has held that "the offense requires a general intent, that is, the knowledge that one is in possession of the substance" whether it be marijuana, cocaine, or another controlled substance. State v. Fox, 124 Idaho 924, 926, 866 P.2d 181, 183 (1993). However, the individual need not know the substance possessed is a controlled substance. Id.
Blake challenges instructions 13A and 13B which read as follows:
(emphasis added).1
The instructions as given allowed the jury to convict Blake on each count upon a finding that he was actually in possession of the methamphetamine and cocaine and that he "should have known that the substance[s] possessed were ... controlled substance[s]." Blake contends, and we agree, that this language improperly allowed the jury to convict him using a negligence standard. That is, even if Blake did not actually know methamphetamine was under the seat or cocaine was in the wallet, he should have known and is equally culpable as if he did know.
The State contends that the "should have known" language is proper and that it merely provides the jury a mechanism by which to infer actual knowledge. Moreover, individuals can be convicted of other crimes such as possession of stolen property or possession of drug paraphernalia under a similar standard. These arguments ignore this Court's holding in Fox. In determining whether intent was an element of the crime of possession of a controlled substance, this Court stated: "whether a criminal intent is a necessary element of a statutory offense is a matter of construction, to be determined from the language of the statute in view of its manifest purpose and design...." Fox, 124 Idaho at 925, 866 P.2d at 182 (quoting State v. Sterrett, 35 Idaho 580, 583, 207 P. 1071, 1072 (1922)). The Court went on to conclude that "knowledge that one is in possession of the substance" is an...
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...in prompting a trial court to give or not give an instruction from later challenging that decision on appeal." State v. Blake, 133 Idaho 237, 240, 985 P.2d 117, 120 (1999). In Blake, the district court provided the appellant with the proposed jury instructions, and his counsel stated "[y]ou......
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...in prompting a trial court to give or not give an instruction from later challenging that decision on appeal." State v. Blake , 133 Idaho 237, 240, 985 P.2d 117, 120 (1999). "It has long been the law in Idaho that one may not successfully complain of errors one has acquiesced in or invited.......
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State v. Adamcik
...in prompting a trial court to give or not give an instruction from later challenging that decision on appeal." State v. Blake, 133 Idaho 237, 240, 985 P.2d 117, 120 (1999). In Blake, the district court provided the appellant with the proposed jury instructions, and his counsel stated "[y]ou......
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...in prompting a trial court to give or not give an instruction from later challenging that decision on appeal." State v. Blake, 133 Idaho 237, 240, 985 P.2d 117, 120 (1999); see also State v. Carlson, 134 Idaho 389, 402, 3 P.3d 67, 80 (Idaho Ct.App.2000). And similarly in a civil case, the c......