(Download) "State Utah v. Ralph W. Forshee" by Supreme Court Of Utah ~ eBook PDF Kindle ePub Free
eBook details
- Title: State Utah v. Ralph W. Forshee
- Author : Supreme Court Of Utah
- Release Date : January 16, 1980
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 70 KB
Description
STEWART, Justice: Defendant appeals from a conviction under § 58-37-8, Utah Code Annotated (1953), as amended, which
prohibits distribution for value of a controlled substance--a third-degree felony. The sole issue on appeal is whether the
trial court committed reversible error in refusing to require an undercover officer to disclose the name of an informant upon
defendant's request. In presenting its case the State produced a witness, Deputy Whittaker, to whom the alleged sale of marijuana was made. He
began working as an undercover officer in April of 1978. On the 21st of that month, he called an informant who had arranged
previous sales for him, all of which had fallen short of fruition. The undercover agent met the informant at the Delton Bowling
Lanes in Granger two hours after the telephone conversation, at approximately 5:30 p.m. From there they traveled to another
location just north of 3100 South 3450 West. At this destination, the undercover agent entered a residence wherein he met
the defendant. Defendant's former wife, Vickie Forshee, and two children were present. The undercover officer testified at
trial that the person he entered with was the confidential informant and that he lived at that residence with Vickie Forshee
at the time, but that Whittaker did not know the whereabouts of the informer at the time of trial. Vickie Forshee pointed
to a small plastic bag on the kitchen table. Whittaker sat at the kitchen table while the others remained in the living room,
adjacent to the kitchen, where they apparently could see and hear the transaction. Defendant verified the quality of the contents,
and Officer Whittaker gave the defendant $50 for the bag of marijuana. The undercover officer left the residence, leaving
the informant behind, and turned the marijuana over to Deputy Sheriff Randall Anderson one hour later. Deputy Whittaker returned
twice to the residence in an attempt to locate the defendant. He talked with Vickie Forshee both times. At the time of the
second visit the informant was no longer living at Vickie Forshee's residence.
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