People v. Barajas

513 N.W.2d 772, 444 Mich. 556

Opinions

Memorandum Opinion. The defendant was convicted of conspiracy to possess 650 or more grams of a mixture containing cocaine. MCL 750.157a, 333.7403(2)(a)(i); MSA 28.354(1), 14.15(7403)(2)(a)(i). He was then sentenced to a life term of imprisonment.

The defendant attempted to purchase a large amount of cocaine, but the seller evidently intended to cheat him. Thus, the seller delivered a much smaller amount of cocaine in a package that was physically arranged to create the illusion of a larger amount. One feature of the package was that the small amount of cocaine was kept separate from a much larger quantity of baking soda.

The Court of Appeals reversed the defendant’s conviction because there was insufficient evidence of conspiracy (it was not proven that the seller ever intended to provide the promised amount), and because the separately packaged cocaine and baking soda did not constitute a "mixture.”¹ 198 Mich App 551, 558; 499 NW2d 396 (1993). The prosecutor appeals.²

We affirm the judgment of the Court of Appeals. MCR 7.302(F)(1). However, we emphasize that the analysis employed by the Court of Appeals is limited strictly to the facts of this case._

Cavanagh, C.J., and Brickley, Boyle, Riley, Griffin, and Mallett, JJ., concurred.

1 The statute imposes liability for possessing "an amount of 650 grams or more of any mixture containing that controlled substance . . . .” MCL 333.7403(2)(a)(i); MSA 14.15(7403)(2)(a)(i).

2 We also grant the defendant’s motion for immediate consideration.