DEANDRE BROOKS v. UNITED STATES

130 A.3d 952, 2016 D.C. App. LEXIS 7, 2016 WL 358956
CourtDistrict of Columbia Court of Appeals
DecidedJanuary 28, 2016
Docket14-CM-1091
StatusPublished
Cited by15 cases

This text of 130 A.3d 952 (DEANDRE BROOKS v. UNITED STATES) is published on Counsel Stack Legal Research, covering District of Columbia Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
DEANDRE BROOKS v. UNITED STATES, 130 A.3d 952, 2016 D.C. App. LEXIS 7, 2016 WL 358956 (D.C. 2016).

Opinion

ROY W. McLEESE, Associate Judge:

Appellant DeAndre Brooks seeks reversal of his convictions, for assault op a police officer and possession of drug paraphernalia. Mr. Brooks challenges the sufficiency of the evidence to support his conviction for possession of drug paraphernalia. He also argues that the: trial court abused its discretion by refusing to continue the trial to permit further plea negotiations. We hold that the evidence was insufficient to support Mr. Brooks’s conviction for possession of drug paraphernalia. We also hold that the trial court acted :within its discretion in denying a continuance.

I.

The United States’s evidence at trial was as follows. United States' Park Police investigators encountered Mr. Brooks and three other men while searching for robbery suspects. One of the men was arrested after he fled and discarded a backpack containing a handgun. When the police asked Mr. Brooks and the Other two men to stop, Mr. Brooks turned and walked away. An officer touched Mr. Brooks’s shoulder, and Mr. Brooks “swatted” away the officer’s hand and struck the officer’s forearm. The officer attempted to place Mr. Brooks under arrest, but Mr. Brooks flailed about, kicking and trying to break free. The police arrested -Mr. Brooks for assaulting a police officer.

In a search incident to the arrest, one of the officers, a twelve-year veteran assigned to investigate narcotics and vice offenses, found in Mr. Brooks’s pants pocket “a metal grinder with a picture of Bob Marley on the front that is' commonly used for grinding up marijuana.” Another officer, who was assigned to the Narcotics Unit and had been involved in over 500 drug operations, testified that he had recovered grinders numerous times. That officer further explained that grinders are used to grind up marijuana by people who smoke marijuana, and that when officers arrest people with grinders, there typically is green plant material in the grinders. Police also seized a black ski mask and four cell phones from Mr. Brooks.

The defense-put on no witnesses. After closing arguments, the trial court found Mr. Brooks guilty, explaining:

I find that although there is not a rieh amount of detail about Bob Marley grinders, the last witness ’ has told us that he has seized them on many occasions, that they are commonly used to grind marijuana and I think that is enough to infer an intent to use in the absence of any other explanation emerging from the evidence that would cast a doubt on that...,

II.

Mr. Brooks challenges his conviction for possession of drug paraphernalia, arguing that there was insufficient evidence that he intended to use the grinder for drug-related purposes. See D.C.Code § ■48 — 1103(a)(1) (2015 Supp.) (prohibiting possession of drug paraphernalia with intent to use to, e.g., “process,” “prepare,” “contain,” “or otherwise introduce into the human body a controlled substance”). We *955 agree. 1

In considering a challenge to the sufficiency of the evidence, “we view the evidence in the light most favorable to the government, giving full play to the right of the [fact-finder] to determine credibility, weigh the evidence, and draw justifiable inferences of fact, and making no distinction between direct and circumstantial evidence.” Medley v. United States, 104 A.3d 115, 127 n. 16 (D.C.2014) (internal quotation marks omitted). “[T]he evidence is sufficient if, after viewing it in the light most favorable to the prosecution, any rational trier of fact could have found thé essential elements of the crime beyond a reasonable doubt....” (Tamara) Smith v. United States, 55 A.3d 884, 887 (D.C.2012) (internal quotation marks omitted). This court will hot reverse a trial court’s factual findings after a bench trial unless those findings are “plainly wrong or without evidence to support [them].” D.C.Code § 17-305(a) (2012 Repl.). On the other hand, “although "a [fact-finder] is entitled to draw a vast range of reasonable inferences from evidence,' [the fact-finder] may not base a verdict on mere speculation.” Schools v. United States, 84 A.3d 503, 508 (D.C.2013) (internal quotation marks and citation omitted). “[AJppellate review of sufficiency of the evidence is [not] toothless," and “[w]e have an obligation to take seriously the requirement that the evidence in a criminal prosecution must be strong enough that a [fact-finder] behaving rationally really could' find it persuasive beyond a reasonable doubt.” Rivas v. United States, 783 A.2d 125, 134 (D.C.2001) (en banc).

As with other forms of intent, a defendant’s intent to use drug paraphernalia unlawfully may be proved not only through direct evidence but also circumstantially or inferentially. See, e.g., (Sandra) Williams v. United States, 604 A.2d 420, 421 (D.C.1992) (jury could reasonably infer that defendant used or intended to use scale in connection with drug operation); see generally, e.g., Abdulshakur v. District of Columbia, 589 A.2d 1258, 1263 (D.C.1991) (“Intent is a state of mind, and must ordinarily be proved circumstantially-”); cf . Fatumabahirtu v. United States, 26 A.3d 322, 335-36 (D.C.2011) (intent element of different subsection of drug-paraphernalia provision may be proven “by credible and- compelling direct, indirect, or circumstantial evidence”). In this case, there was no evidence that anyone saw Mr. Brooks use the grinder in any way. Nor was there evidence that Mr. Brooks made any statements suggesting an intent to use the grinder for drug-related purposes. Nor, finally, was there any evidence that Mr. Brooks possessed or used drugs, either at the time of the offense or at any previous time. Rather, the United States argues that Mr. Brooks’s intent to use the grinder for drug-related purposes can be inferred from three pieces of evidence: (1) the grinder bore the likeness of Bob Marley; (2) an experienced narcotics officer testified that people who smoke marijuana commonly use grinders to grind up marijuana, and (3) another experienced narcotics officer testified that he had recovered grinders numerous times. 2

*956 In explaining the significance of the first piece of evidence, the United States argues that “the trial court was no doubt aware [that] Bob Marley is the late reggae superstar whose name is virtually synonymous” with marijuana. We assume for current purposes that the trial court may have been aware of a general association between Bob Marley and marijuana. At trial, however, the United States introduced no evidence that Bob Marley was generally associated with marijuana, did not ask the trial court to take judicial notice of such an association, and in fact never explicitly suggested that .such an association exists.

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Bluebook (online)
130 A.3d 952, 2016 D.C. App. LEXIS 7, 2016 WL 358956, Counsel Stack Legal Research, https://law.counselstack.com/opinion/deandre-brooks-v-united-states-dc-2016.