State v. Cota
Arizona Supreme Court
956 P.2d 507 (1998)
Relevant factsFree
Police watched Santiago Cota (defendant) cross the street, hand Ronda Shulark $2, and receive marijuana in exchange, then return to Kevin Loomer (defendant), who was also arrested. Charges against Loomer were dropped for lack of evidence, and the trial court directed a verdict for Cota on the unlawful-sale count, but the prosecution still convinced the jury to convict Cota as an accomplice to Shulark's transfer of the marijuana to him. Cota appealed, and the case reached the Arizona Supreme Court.
IssueFree
Whether a person who receives a transfer of marijuana can be convicted, under an accomplice theory, of the transfer of that marijuana to himself.