In Idaho, "[t]here are two theories under which a particular offense may be determined to be a lesser included offense of a charged offense." State v. McIntosh , 160 Idaho 1, 4, 368 P.3d 621, 624 (2016) (quoting State v. Sanchez–Castro , 157 Idaho 647, 648, 339 P.3d 372, 373 (2014) ); see also, e.g. , State v. Flegel , 151 Idaho 525, 527, 261 P.3d 519, 521 (2011) ; State v. Curtis , 130 Idaho 522, 524, 944 P.2d 119, 121 (1997). The first theory is the statutory theory.
As an initial matter, we note that " ‘[t]here are two theories under which a particular offense may be determined to be a lesser-included offense of a charged offense’: the statutory theory and the pleading theory." State v. McIntosh , 160 Idaho 1, 4–5, 368 P.3d 621, 624–25 (2016) (quoting State v. Sanchez–Castro , 157 Idaho 647, 648, 339 P.3d 372, 373 (2014) ). As for the former, the statutory theory looks to the statutory definitions and compares the elements of each offense.
On or about April 29th 2016, Kelly Schneider gave Jayson Woods forty dollars from the proceeds of the robbery. The Idaho Supreme Court addressed a similar question in State v. Sanchez-Castro, 157 Idaho 647, 339 P.3d 372 (2014), the Supreme Court held that the crimes of trafficking in methamphetamine and possession of methamphetamine did not merge into a single offense because as pleaded in the charging document: The crime of trafficking in methamphetamine is committed when a person "knowingly delivers, or brings into this state, or [ ] is knowingly in actual or constructive possession of, twenty-eight (28) grams or more of methamphetamine or amphetamine or of any mixture or substance containing a detectable amount of methamphetamine or amphetamine."
See generally Blockburger v. United States, 284 U.S. 299 (1932); State v. Sanchez-Castro, 157 Idaho 647, 339 P.3d 372 (2014).
" ‘There are two theories under which a particular offense may be determined to be a lesser-included offense of a charged offense’: the statutory theory and the pleading theory." State v. McIntosh , 160 Idaho 1, 4, 368 P.3d 621, 624 (2016) (quoting State v. Sanchez–Castro , 157 Idaho 647, 648, 339 P.3d 372, 373 (2014) ). Anderson based his argument solely on the pleading theory.
"There are two theories under which a particular offense may be determined to be a lesser-included offense of a charged offense": the statutory theory and the pleading theory. State v. Sanchez–Castro, 157 Idaho 647, 648, 339 P.3d 372, 373 (2014) (quoting State v. Curtis, 130 Idaho 522, 524, 944 P.2d 119, 121 (1997) ). a. Statutory theory
To find sufficient evidence to sustain a conviction for drug trafficking, the defendant must have knowledge as to his actual or constructive possession of the enumerated substance. State v. Henry, 138 Idaho 364, 368, 63 P.3d 490, 494 (Ct. App. 2003); see State v. Sanchez-Castro, 157 Idaho 647, 649, 339 P.3d 372, 374 (2014); see also State v. Barraza-Martinez, 139 Idaho 624, 625-26, 84 P.3d 560, 561-62 (Ct. App. 2003)