Monday, October 16, 2006

Sufficiency Of Possession With Intent Evidence Claim Fails

In State v. Grant, No. 05-0020 (Iowa Ct. App. Oct. 13, 2006) a defendant was convicted of possession of methamphetamine with intent to deliver, and challenged the sufficiency of the evidence to show intent to deliver the drugs in his possession.

During a consent search of the defendant's residence for other drugs, officers found an address book with the names and addresses of two people known as manufacturers and distributors of methamphetamine. On inquiry the defendant led officers to a sealed tin in an air duct, where eight individually wrapped baggies containing an aggregate 5.38 grams were secreted.

Officers testified at trial that the individually wrapped baggies were indicative of packaging for sale. Information developed on cross examination suggested there was no other indicia of sale, such as scales, cash, packaging materials and accounts of transactions, and that the amount was not in and of itself more than might be of personal use.

The court of appeals found that the substantial quantity of the drugs and the way in which it was packaged was sufficient for the trier of fact to conclude that the defendant possessed the drugs for resale.


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