State v. Clarin

913 N.W.2d 717
CourtCourt of Appeals of Minnesota
DecidedMay 14, 2018
DocketA17-1050
StatusPublished
Cited by2 cases

This text of 913 N.W.2d 717 (State v. Clarin) is published on Counsel Stack Legal Research, covering Court of Appeals of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Clarin, 913 N.W.2d 717 (Mich. Ct. App. 2018).

Opinion

REYES, Judge

In this appeal from final judgment of conviction of and sentence for second-degree controlled-substance crime, appellant argues that his conviction must be reversed because the state failed to produce sufficient evidence to prove beyond a reasonable doubt that his possession of methamphetamine was unlawful. We affirm.

FACTS

On April 4, 2016, a Hastings police officer arrested appellant Jeremy Clarin for an offense unrelated to this appeal. Prior to putting appellant in the back seat of his squad car, the officer pat-frisked appellant and thoroughly searched the squad car. The officer then put appellant in the back seat of his squad car and transported him to the Dakota County jail. After the officer removed appellant from his squad car upon arrival, he noticed a small clear plastic bag containing a white powdery substance on the floor of the back seat near *719where appellant's feet had been. The officer suspected that it was a controlled substance, and field testing confirmed that the substance contained methamphetamine.

On April 6, 2016, respondent State of Minnesota charged appellant with second-degree controlled-substance crime in violation of Minn. Stat. § 152.022, subd. 2(a)(1). During appellant's jury trial, the state presented testimonial evidence from the arresting officer and an employee of the Minnesota Bureau of Criminal Apprehension (BCA) Science Laboratory. The BCA employee testified that the substance contained methamphetamine and weighed 23.084 grams. The state also presented photographs that the arresting officer took of the baggie of methamphetamine on the floor in the back seat of the squad car. The defense did not present any evidence or call any witnesses. The jury found appellant guilty, and the district court sentenced appellant to 98 months in prison. This appeal follows.

ISSUES

I. Must the state prove beyond a reasonable doubt that a defendant unlawfully possessed methamphetamine?

II. Did the state produce sufficient evidence that appellant unlawfully possessed methamphetamine?

ANALYSIS

Appellant argues that the state must prove beyond a reasonable doubt that his possession of methamphetamine was unlawful and, as a result, that we must reverse his conviction of second-degree controlled-substance crime because the state failed to produce sufficient evidence to meet its burden. We address each argument in turn.

I. The state must prove beyond a reasonable doubt that a defendant's possession of methamphetamine was unlawful.

Appellant first argues that the state is required to prove beyond a reasonable doubt that appellant's possession of methamphetamine was unlawful. The state contends that, as a matter of law, possession of methamphetamine is always unlawful and is implicit in the crime itself. We agree with appellant's assessment.

When a sufficiency-of-the-evidence claim involves the question of whether the defendant's conduct meets the statutory definition of an offense, we are presented with a question of statutory interpretation that we review de novo. State v. Hayes , 826 N.W.2d 799, 803 (Minn. 2013).

A person is guilty of second-degree controlled-substance crime if he or she "unlawfully possesses one or more mixtures of a total weight of six grams or more containing ... methamphetamine." Minn. Stat. § 152.022, subd. 2(a)(1) (emphasis added). In chapter 152, the word "unlawfully" means "selling or possessing a controlled substance in a manner not authorized by law." Minn. Stat. § 152.01, subd. 20 (2014).

The state argues that it is always illegal to possess methamphetamine. Methamphetamine is a Schedule II controlled substance. Minn. Stat. § 152.02, subd. 3(d) (2014) (classifying "methamphetamine, its salts, isomers, and salts of its isomers" as Schedule II drugs). A "currently accepted medical use" is a criterion for classification as a Schedule II controlled substance. Minn. Stat. § 152.02, subd. 7(2) (2014) ; see Dornbusch v. Comm'r of Pub. Safety , 860 N.W.2d 381, 384 (2015) ("Schedule II controlled substances have accepted medical uses."). Included within "methamphetamine, its salts, isomers, and salts of its isomers" are a number of prescription *720medications: Desoxyn, Methedrine, Drinalfa, Desoxyephedrine hydrochloride, Syndrox, Efroxine, Norodin, Obedrin, and Ambar. Minn. R. 6800.4220.D(2); see also Dornbusch , 860 N.W.2d at 384 ("Schedule II includes the stimulant ... methamphetamine (Desoxyn)."); Drug Enf't. Agency, U.S. Dep't of Justice, Lists of Scheduling Actions, Controlled Substances, Regulated Chemicals (2018), https://www.deadiversion.usdoj.gov/schedules/orangebook/orangebook.pdf (identifying commercial names of controlled substances). Therefore, possession of physician-prescribed methamphetamine is lawful. See Dornbusch , 860 N.W.2d at 383.

We hold that the state must prove beyond a reasonable doubt that appellant unlawfully possessed methamphetamine because unlawfulness is an element of second-degree controlled-substance crime. See State v. Struzyk , 869 N.W.2d 280, 289 (Minn. 2015) (state bears the burden of proving all elements of crime beyond a reasonable doubt).

II. The state produced sufficient evidence that appellant unlawfully possessed methamphetamine.

Appellant next argues that the state failed to provide sufficient evidence for the jury to determine beyond a reasonable doubt that his possession of methamphetamine was unlawful. We disagree.

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Bluebook (online)
913 N.W.2d 717, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-clarin-minnctapp-2018.