In Robertson, the state's expert testified that he had never seen anyone purchase 12 grams of cocaine, worth approximately $1,200 to $2,400 on the street, for personal use only. There was also evidence that the defendant had over $700 in cash on his person when arrested.Summary of this case from State v. Johnson
October 4, 1996
IN RE: State of Louisiana; — Plaintiff(s); Applying for Writ of Certiorari and/or Review; Parish of Terrebonne 32nd Judicial District Court Div. "C" Number 221161; to the Court of Appeal, First Circuit, Number KA95 0645
Granted in part with order. See per curiam.
CALOGERO, C.J. not on panel.
Granted in part; denied in part. The due process standard of review in Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979) does not provide appellate courts with a vehicle for substituting their appreciation of the evidence for that of the factfinder. State v. Lubrano, 563 So.2d 847, 850 (La. 1990). Testimony by the state's expert that he had never seen anyone purchase 12 grams of cocaine, worth approximately $1200 to $2400 on the street, for personal use only, together with evidence that the defendant had over $700 in cash on his person when arrested, gave jurors a rational basis for inferring that the defendant intended to distribute the cocaine. See State v. Daniels, 614 So.2d 97, 112 (La.App. 2nd Cir.), writ denied, 619 So.2d 573 (La. 1993). The Due Process Clause therefore does not require reducing the jury's verdict to simple possession of cocaine. La.C.Cr.P. art. 821 (C). The application is otherwise denied. To the extent that the defendant's conviction has been set aside for trial error only, the state may retry him for the charged offense. Cf., Burks v. United States, 437 U.S. 1, 98 S.Ct. 2141, 57 L.Ed.2d 1 (1978).
CALOGERO, C.J., — not on panel.