(DOWNLOAD) "People v. Duleff" by Colorado Court of Appeals " eBook PDF Kindle ePub Free
eBook details
- Title: People v. Duleff
- Author : Colorado Court of Appeals
- Release Date : January 19, 1973
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 51 KB
Description
The defendant, Kim LeRoy Duleff, was charged and convicted of the crimes of unlawfully cultivating marijuana without first obtaining a license (C.R.S. 1963, 48-5-3), and of possession of marijuana (C.R.S. 1963, 48-5-2). Trial was to the court after the defendant waived his right to a jury. The defendant contends that both convictions must be reversed, but each for different reasons. He argues that the finding of guilt for possession of marijuana must be overturned because the evidence which supports the conviction was the product of an unlawful search and seizure. With respect to his conviction for cultivating marijuana without a license, the defendant contends that his right against self-incrimination under the Fifth Amendment provides a complete defense to any prosecution for his failure to obtain a license. Although both of the arguments advanced by the defendant have merit, our review of the record causes us to conclude that the defendants arrest and the subsequent search were not unlawful and that the evidence was properly admitted by the trial judge. However, in our view, the Fifth Amendment, as interpreted by the United States Supreme Court, requires that the defendants conviction for cultivating marijuana without a license must be reversed. Accordingly, we affirm the trial courts finding in part and reverse in part.