12/21/94 State Idaho V. Baldemar Gomez

Baldemar Gomez appeals his conviction for two counts of possession of a controlled substance with intent to deliver and the denial of his motion for a reduction of sentence pursuant to I.C.R. 35. We conclude that the admission at trial, over Gomez's objection, of evidence that may have constituted hearsay was harmless error, and that the district court properly refused a jury instruction requested by Gomez to define the word "knowingly." On Gomez's challenge to  the sufficiency of the evidence to support his convictions, we conclude that his conviction for possession of cocaine with intent to deliver is supported by substantial, competent evidence, but that the evidence was inadequate to support the jury verdict finding Gomez guilty of possession of marijuana with intent to deliver. We find no merit in Gomez's contention that the district court abused its discretion in imposing a unified sentence of eighteen years with a six-year minimum term of confinement on the cocaine conviction. Accordingly, we affirm the judgment of conviction and sentence for possession of cocaine with intent to deliver and reverse the judgment of conviction for possession of marijuana with intent to deliver.