State v. Holly
v.
John Joseph Holly, Defendant and Appellant
Judge William W. McLees
| Appellant: | Eric Paul Baumann | |
| Appellee: | Sean Bradley Kasson , Asst. State's Attorney |
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I. Whether the trial court erred in denying defendant's Motion to Suppress and Supplemental Motion to Suppress.
II. Whether the trial court erred in denying defendant's Motion for Judgment of acquittal and in finding Holly guilty.
III. Whether the trial court erred in finding Holly guilty of class "c" felony possession of marijauana in an amount more than one ounce as a lesser included offense of the charge of possession of mariajuana with intent to deliver.
Appellee's Statement of the Issues:
I. Was there was sufficient competent evidence presented supporting the District Court's decision to deny Appellant's motion to suppress and supplemental motion to suppress and was the District Court's decision contrary to the manifest weight of the evidence?
II. When viewing the evidence most favorable to the verdict and all reasonable inferences drawn from the evidence, is Appellant able to show evidence that there is no reasonable inference of guilt?
III. Does the District Court, when conducting a bench trial, have authority to sua sponte consider a lesser included offense when supporting evidence has been presented?
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