Not Guilty/Complete Acquittal at Jury Trial – Felony Using a Minor in Drug Offense – State v. Mr. P (DMC No. 18380) FEB 29, 2024 – Yavapai County Superior Court (Case No. CR2023-00262)
Mr. P had a ranch in which he had several tenants living for free in various dwellings. After he got into an argument with one of his tenants, he evicted her and her daughter. After that, her daughter claimed that Mr. P provided her some of his prescription drugs. Specifically, she stated “can I have some of your Tramadol,” and he said “sure.” He was subsequently charged with one count of a Felony Using a Minor in a Drug Offense.
At Jury Trial, our defenses were that the purpose of the statute was to stop adults from using kids in drug transactions, such as acting as a drug dealer’s mule/runner/seller/etc. Because of this, we stated that the elements of the offense were not met. Our second argument was that regarding the possession of the drugs themselves, there was no actual drugs found. There was no testing of any drugs, no photos of any drugs, or photos of any pill bottles. All there was, was testimony of “I was given a pill.”
After the State was done presenting their evidence in front of the Jury, we moved for a Rule 20 Directed Verdict Motion to the Judge, and the Judge agreed that the State had not met the burden of proof. He granted a Directed Verdict of Not Guilty and Dismissed all charges against Mr. P at that time. Mr. P was potentially looking at being a convicted Felon for the rest of his life, and now he has nothing on his record.