People v. Mass

605 N.W.2d 322, 238 Mich. App. 333
CourtMichigan Court of Appeals
DecidedFebruary 10, 2000
DocketDocket 208384
StatusPublished
Cited by8 cases

This text of 605 N.W.2d 322 (People v. Mass) is published on Counsel Stack Legal Research, covering Michigan Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Mass, 605 N.W.2d 322, 238 Mich. App. 333 (Mich. Ct. App. 2000).

Opinions

[335]*335O’Connell, J.

Defendant appeals as of right from his jury trial convictions of delivery of more than 225 but less than 650 grams of cocaine, MCL 333.7401(2)(a)(ii); MSA 14.15(7401)(2)(a)(ii), and conspiracy to commit that offense, MCL 750.157a; MSA 28.354(1). Defendant was sentenced to consecutive terms of ten to twenty years’ imprisonment for the convictions. We affirm, but remand for correction of the judgment of sentence.

Defendant argues that the evidence was insufficient to support his convictions because the prosecution presented no evidence that he had knowledge of the quantity of cocaine to be delivered. When reviewing a claim of insufficient evidence, this Court must view the evidence in the light most favorable to the prosecution to determine whether a rational trier of fact could have found that the essential elements of the crime were proved beyond a reasonable doubt. People v Wolfe, 440 Mich 508, 515; 489 NW2d 748 (1992), amended 441 Mich 1201 (1992).

Defendant’s challenge to his delivery conviction fails because knowledge of the quantity of the controlled substance is not an essential element of a delivery offense. People v Northrop, 213 Mich App 494, 498; 541 NW2d 275 (1995). Defendant’s challenge to his conspiracy conviction also fails because the prosecution was not required to prove that defendant had knowledge of the quantity of cocaine involved in the transaction. “Establishing a conspiracy requires evidence of specific intent to combine with others to accomplish an illegal objective.” People v Blume, 443 Mich 476, 481; 505 NW2d 843 (1993). Therefore, the prosecution must prove that defendant had the specific intent to commit the underlying substantive [336]*336offense. Because defendant could be convicted of the substantive delivery offense without knowledge of the quantity of cocaine, it would be illogical to require that defendant have knowledge of the quantity of cocaine in order to possess the specific intent to commit the substantive offense. In other words, if defendant could be found guilty of delivering the cocaine without knowing how much cocaine was delivered, then he certainly could be found guilty of agreeing to deliver the cocaine without knowing how much was to be delivered.

Defendant argues that proof of knowledge of the quantity of the cocaine was required by the Supreme Court’s decision in People v Justice (After Remand), 454 Mich 334; 562 NW2d 652 (1997). In that case, the Court held as follows:

To be convicted of conspiracy to possess with intent to deliver a controlled substance, the people must prove that (1) the defendant possessed the specific intent to deliver the statutory minimum as charged, (2) his coconspirators possessed the specific intent to deliver the statutory minimum as charged, and (3) the defendant and his coconspirators possessed the specific intent to combine to deliver the statutory minimum as charged to a third person. [Id. at 349.]

Thus, although the substantive offenses of delivery of a controlled substance and possession with intent to deliver a controlled substance do not require proof of knowledge of the quantity of the controlled substance, defendant argues that, according to Justice, to demonstrate a conspiracy, proof of knowledge of quantity is required because the prosecution must prove a specific intent to deliver the statutory minimum quantity as charged. We disagree with this read[337]*337ing of Justice. A reasonable interpretation of the phrase, “the specific intent to deliver the statutory minimum as charged,” is that the defendant must possess the specific intent to deliver the controlled substance, and that the quantity of the substance must then meet the statutory minimum. To interpret this phrase to require proof that the defendant knew the exact quantity of the controlled substance would lead to unreasonable results. For example, a defendant could be found guilty of a delivery offense without knowing how much cocaine was involved, while avoiding all criminal liability for conspiracy merely because, although he knew that he was agreeing to deliver cocaine, he did not know how much cocaine was to be delivered. Or, a defendant could avoid conspiracy liability because, although he knew the rough extent of the amount of cocaine involved in a drug transaction, he did not know the exact measurement with scientific precision, i.e., whether 224 or 226 grams of cocaine were involved. Therefore, we conclude that, although proof of the specific intent to deliver a controlled substance is required in order to establish a conspiracy, the specific intent requirement does not apply to the quantity of the substance. Because defendant’s argument that there was insufficient evidence to support his convictions rests entirely on his assertion that the prosecution failed to prove that he knew the quantity of cocaine involved, we reject defendant’s claim.

Even if we were to agree with defendant’s reading of Justice, however, we would nonetheless conclude that the prosecution did present evidence from which the jury could infer that defendant knew the quantity of the cocaine to be delivered. Defendant concedes [338]*338that, viewed in the light most favorable to the prosecution, the evidence demonstrated that defendant knew that he was assisting in a drug transaction. The evidence also demonstrated that, eight days before the transaction, defendant was present when an undercover police officer asked defendant’s coconspirator for ten ounces of cocaine (approximately 246 grams). Later, the undercover officer arranged to buy ten ounces of cocaine from defendant’s coconspirator. Defendant met the officer later that day and led him to where the coconspirator was waiting with the cocaine. Additionally, when the officer expressed concerns about the arrangement, defendant assured him that the coconspirator had the officer’s “stuff.” This evidence was sufficient for the jury to infer that defendant knew that he was assisting in the purchase of ten ounces (more than 225 but less than 650 grams) of cocaine. Therefore, even if knowledge of quantity were required to establish a conspiracy, we would conclude that the evidence was sufficient to support defendant’s conviction.

Defendant also argues that the trial court erred in instructing the jury regarding the conspiracy charge because it failed to instruct the jury that it must find that defendant agreed to deliver more than 225 but less than 650 grams of cocaine. Essentially, defendant argues that the jury should have been instructed that the prosecution must prove that defendant knew the quantity of the cocaine involved in the transaction. However, defendant failed to request such an instruction and failed to object to the instructions given. This issue is therefore unpreserved, People v Kennebrew, 220 Mich App 601, 608; 560 NW2d 354 (1996), and, in order to avoid forfeiture of this issue, defend[339]*339ant must demonstrate plain error that was prejudicial, i.e., that could have affected the outcome of the trial. People v Grant, 445 Mich 535, 553; 520 NW2d 123 (1994); People v Carines, 460 Mich 750, 763-764; 597 NW2d 130 (1999).

We find no error in the instructions given. For the reasons advanced above, we conclude that an instruction regarding knowledge of quantity would not have been appropriate because the prosecution was not required to prove that defendant knew the precise quantity of the cocaine involved.

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605 N.W.2d 322, 238 Mich. App. 333, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-mass-michctapp-2000.