(DOWNLOAD) "State Idaho v. Jose Perez and Cirilo Morin" by Supreme Court of Idaho No. 12143 " Book PDF Kindle ePub Free
eBook details
- Title: State Idaho v. Jose Perez and Cirilo Morin
- Author : Supreme Court of Idaho No. 12143
- Release Date : January 19, 1978
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
Jose Perez and Cirilo Morin Mata appeal from their jury conviction of unlawful delivery of a controlled substance, heroin. The evidence at trial showed that the sale was made to an undercover narcotics agent working for the City-County Narcotics Division of Canyon County. On the evening in question the agent, Fazio, received from his superior, Lt. Galland, $50 in recorded currency with which to make a narcotics purchase. Fazio then drove to pick up his contact, Perez. Fazio and Perez went first to Caldwell and then to Nampa. In Nampa, Perez left Fazio in the car and disappeared down a dirt road that ran between some houses. Perez reappeared with Mata 10 to 15 minutes later in a car driven by Mata. Perez motioned for Fazio to approach the car, whereupon Fazio did so and Perez received the said $50 in currency from Fazio. Perez handed the currency over to Mata in exchange for two tinfoil bindles. Fazio and Perez then drove away in Fazio's car. Later, before leaving Fazio, Perez took a cut of the contents of one of the bindles. Fazio then rendezvoused with Lt. Galland and turned the tinfoil bindles over to him. When Perez and Mata were arrested three weeks later, Mata had in his possession one of the twenty-dollar bills for which the serial number had been recorded. On appeal Perez and Mata argue: (1) that the trial court erred in admitting the twenty-dollar bill into evidence; (2) that their conviction cannot be sustained on the uncorroborated testimony of agent Fazio who, they contend, was an accomplice to the crime, and (3) that they did not receive reasonably competent assistance of counsel at trial.