82 Mass. App. Ct. 765 (2012)
The
defendant was convicted of possession of cocaine with the intent to distribute.
On appeal, the defendant argued that the evidence at trial was not sufficient
to support a finding that he intended to distribute three, separately wrapped
rocks of crack cocaine that were found in his possession. The Appeals Court
affirmed the defendant’s conviction.
Possession with the intent to
distribute cocaine has two basic elements: (1) knowingly possessing the drug
and (2) intending to transfer it physically to another person. The defendant did
not challenge the sufficiency of the evidence on the possession element of the
crime but he did challenge the sufficiency of the evidence of his intent to
distribute. The Appeals Court ruled that the totality of the circumstances
allowed a reasonable trier of fact to conclude that the defendant was more
likely a seller of crack cocaine than a buyer.
Immediately prior to his arrest (for
possession of crack cocaine packaged to sell), the defendant was observed
standing in an area known for drug trafficking in a group that included an
individual whom the arresting officer observed make a drug transaction. In
addition, the unemployed defendant had an amount of cash in excess of $300 in
his possession when he was arrested. The defendant also possessed no apparatus
to ingest the drug. Wadlegger, an experienced narcotics investigator, testified
as an expert at the trial that the totality of those circumstances led him to
believe that the defendant was more likely a seller of cocaine than a buyer. As
the fact finder, the trial judge was justified in using Wadlegger’s testimony
to shape his ultimate decision.
The
trial judge’s denial of the defendant’s motion for a required finding of not
guilty was affirmed.
Written 7/18/2013
