State v. Garcia

376 P.3d 94 (2016)

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Nature of the Case

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Facts

The police began working with a confidential informant who said that he could buy drugs from D, his dealer. The plan was to set up a drug deal by phone and then execute a search warrant without ever purchasing any drugs. The informant called D's girlfriend, Mickashell Knapp because an arrangement had been made that he should call Knapp if D was unavailable. Knapp answered. The informant asked for an ounce of methamphetamine, but Knapp replied that she could only get a half an ounce, or about 14 grams. The informant agreed to that amount, and the buy was scheduled for later that evening. Knapp said she could also get some cocaine. When the informant asked about D, Knapp said he was dealing with some problems, and the informant understood that he was trying to stay clean or out of trouble. The police paid the informant $300 for his participation in the investigation. At trial, the recorded phone call was played for the jury. The police obtained a search warrant and set up surveillance and when a male and a female, later identified as D and Knapp, got out of their car. Law enforcement officers then swarmed the house. As the officers approached the house, D was seen entering the house. As he was being placed under arrest, D said that he no longer lived at the house and that he had moved out or was moving out. Drug equipment was found. Traces of methadone and oxycodone were found. Methamphetamine, cocaine, and a synthetic cannabinoid, known as K2 or spice, were detected on the digital scale. A crystalline substance in a plastic bag weighed 18.24 grams and tested positive for methamphetamine and cocaine. The white powdery substance found in the pill bottle weighed 1.48 grams and also tested positive for methamphetamine and cocaine. No mail or anything else tied to D-except for the pill bottle with the prescription in his name-was found. D was charged with possession of methamphetamine with intent to distribute within 1,000 feet of school property; conspiracy to distribute at least 3.5 grams of methamphetamine within 1,000 feet of school property; possession of cocaine with intent to distribute within 1,000 feet of school property; distribution of a naphthoylindole-based controlled substance of less than 3.5 grams within 1,000 feet of school property; conspiracy to distribute cocaine of less than 3.5 grams within 1,000 feet of school property; unlawful use of a communication facility; distributing or possessing methamphetamine without a tax stamp; distributing or possessing cocaine without a tax stamp; and two counts of possession of drug paraphernalia. At trial, Knapp said that D stayed with her only occasionally, that he slept on the couch most of the time, and that the bedroom was never his. Knapp admitted lying to the police to blame D for stuff she did. Knapp testified that D was not with her when she spoke with the informant on the phone, and she claimed to have bought the drugs from Bueno. Knapp claimed that during the interview she had tried to throw D under the bus and thought she could lie her way out of what she had done. At the close of evidence, D moved for a judgment of acquittal. The district court denied the motion. The jury found D guilty on all counts, except for the unlawful use of a communication device. D appealed. D claims in part that his conspiracy to distribute convictions were not supported by sufficient evidence.