Decker Case Analysis

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IRAC of #2B

II. Count Two of the criminal complaint, possession of equipment to manufacture methamphetamine, should be dismissed on the ground that it is a lesser-included offense of Count Three, manufacture of methamphetamine ("meth").

The issue in the present case is whether §43: Possession of Equipment or Supplies with Intent to Manufacture Meth (“Possession of Equipment”) should be dismissed because it is a lesser-included offense of Count Three, §51: Manufacture of Meth. A defendant cannot be charged with the same crime twice, for that would be considered double jeopardy. In order for a court to determine "if one the count constitutes a lesser offense that is included in the other," courts will look apply the "Strict Elements Test." …show more content…
The court in Decker held that the elements of Burglary were 1) knowingly; and 2) entered and remained unlawfully; and 3) in a building or occupied structure; and 4) with intent to cause bodily injury; and 4) causing serious bodily injury to that person. While the elements of assault are 1) intent to cause bodily injury; and 2) causing serious bodily injury to that person. The court in Decker held that because the elements of assault included the same elements of burglary, which the defendant was also charged with, he could not be convicted of both. …show more content…
Here, McLain was charged with Count Two of Possession of Equipment and Count Three with Manufacture of Meth. The elements of §43 of Franklin Code for Possession of Equipment are as follows: 1) knowingly; and 2) possess equipment or chemicals or both; and 3) purpose of manufacturing a controlled substance, such as meth. While the elements of §51: Manufacture of Meth are 1) knowingly; and 2) manufacture drugs, such as meth. While third element of §43, 3) possession of equipment to manufacture methamphetamine is not found in Count Three of §51, the elements of knowingly and manufacture are both found in §43 and §51. Thus, as in Decker, the elements of Possession of equipment to manufacture meth can be found in the charge of Manufacture of
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