State v. Grant

722 N.W.2d 645, 2006 Iowa Sup. LEXIS 142, 2006 WL 2923991
CourtSupreme Court of Iowa
DecidedOctober 13, 2006
Docket05-0020
StatusPublished
Cited by42 cases

This text of 722 N.W.2d 645 (State v. Grant) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Grant, 722 N.W.2d 645, 2006 Iowa Sup. LEXIS 142, 2006 WL 2923991 (iowa 2006).

Opinions

[646]*646CARTER, Justice.

Defendant, Douglas Arnold Grant, convicted following a bench trial of possession with intent to deliver methamphetamine in violation of Iowa Code section 124.401(l)(c)(6) (2003), a class “C” felony, appeals, challenging the sufficiency of the evidence to show intent to deliver the controlled substance found in his possession. After reviewing the record and considering the arguments presented, we affirm the decision of the court of appeals and the judgment of the district court.

Officers Wagner and Tisher of the Sioux City Police Department, who were members of an area drug task force, were trying to locate two persons suspected of manufacturing methamphetamine. Information they received from an informant indicated that defendant knew the suspects and might know of their whereabouts.

The officers went to a house in Sioux City where defendant and his brother were residing. They inquired whether the persons they were looking for were inside the house. When defendant answered in the negative, Officer Wagner asked if they could search the house to verify that their suspects were not there. Defendant replied that they could.

After entering defendant’s residence, the officers discovered that defendant and his brother had recently been smoking marijuana in one of the rooms. Officer Wagner asked if they could also search the residence for marijuana. Defendant agreed that they could. The officers’ search for marijuana and the persons they were looking for was unproductive, but they did find an address book containing the names of two persons known to them as manufacturers and distributors of methamphetamine.

At this point, Officer Wagner asked defendant whether he had any methamphetamine in the house. Defendant acknowledged that he might have an “eightball,” which in drug parlance is approximately one-eighth of an ounce. He led Officer Wagner to a location in the basement where two sealed tins were secreted above an air duct. In opening the tins, the officers discovered eight individually wrapped packages of methamphetamine totaling 5.38 grams in weight.1 Also contained in one of the tins was the plastic shell of a ballpoint pen with the ink cartridge removed. The officers identified this object as a “tooter” used for inhaling methamphetamine fumes.

Defendant was charged with possession with intent to deliver more than five grams of methamphetamine, a class “B” felony. At his trial, Officers Wagner and Tisher testified and described the events that we have recited. Officer Wagner testified that, in his experience involving more than 100 cases, the packages containing between .58 and .66 grams were “dosage” units designed for sale as such in order to produce a quick high. He further testified:

Q. And what is the significance of the fact that you see eight individually wrapped baggies of methamphetamine based on your training and experience as a police officer and as a Drug Task Force officer? A. Through my training and experience through both positions, an individual that uses methamphetamine has no reason to take methamphetamine — a larger substance of methamphetamine and put it into individual baggies when they could continually go back to the original bag and use their methamphetamine as they received it [647]*647from the original bag. I don’t see any reason why a user of methamphetamine would want to go through the hassle of individually packaging all their methamphetamine in small quantities of approximately half-gram to a little more — to one of them being a teener, one-sixteenth of an ounce of methamphetamine. It wouldn’t be common practice for a user of methamphetamine to divide the methamphetamine into separate packaging like that.

On cross-examination, defendant’s counsel developed the fact that no packaging material, scales, or large amounts of cash were found in the officers’ search and that the address book that had been located did not describe particular drug transactions. On redirect, Officer Wagner testified:

Q. Is the fact that you did not see pay/owe sheets, scales, or cash with the eight separately wrapped baggies of methamphetamine, does that detract from your conclusion that what you saw Mr. Grant had with him was consistent with drug dealing? A. No, it does not.
Q. Why doesn’t it detract from your conclusion? A. The eight individually packaged baggies in and of itself is conducive to me that someone is — has these eight packages to be distributed. As I stated earlier, if someone was just a user of illegal drugs, it would be time-consuming and cumbersome to take their larger quantity and break it up into separate baggies for them to be using at a different date when they could just take out of the original bag and use what they wanted and keep it.

On cross-examination, Sergeant Kirkpatrick of the Sioux City Police Department, supervisor of the area drug task force, admitted that the 5.38 quantity of methamphetamine found in defendant’s possession did not exceed that which might be acquired for personal use.

Sergeant Kirkpatrick also testified concerning the buying and selling of methamphetamine on the street. His testimony included the following:

DEFENDANT’S ATTORNEY: And I believe you have relied on the packaging to indicate that it was ready for resale. Couldn’t it just have easily been ready for resale by the person whoever sold this to Mr. Grant? A. Anything is possible.
PROSECUTING ATTORNEY: Is it probable? A. In my opinion, no. Generally, if he’s going to go and buy an eightball from a dealer that sells eight-ball quantities, again, we’re talking about the level in which you exist in this higher food chain, that person is going to have eightballs for sale, probably ounces for sale. Somebody that’s selling dosage units is right at the bottom of the distribution network. They sell dosage units. They package them for quick sale. If you are in the market to buy eightballs or a couple of eightballs, your dealer is generally going to have his drugs packaged that way because of his position in the food chain.

Following a bench trial, defendant was convicted of possessing less than five grams with intent to deliver, a class “C” felony. On appeal he challenges the sufficiency of the evidence to show an intent to deliver any portion of the controlled substance found in his possession and, in the alternative, argues that his conviction was against the weight of the evidence. We consider these issues. Other facts relevant to our decision will be considered in our discussion of the legal issues presented.

I. Proof of Intent to Deliver.

Because it is difficult to prove intent by direct evidence, proof of intent usually consists of circumstantial evidence [648]*648and the inferences that can be drawn from that evidence. State v. Adams, 554 N.W.2d 686, 692 (Iowa 1996). We have also recognized that in controlled-substance prosecutions opinion testimony by law enforcement personnel experienced in the area of buying and selling drugs may be offered as evidence for purposes of aiding the trier of fact in determining intent. State v. Olsen, 315 N.W.2d 1, 6-7 (Iowa 1982). We stated in Olsen:

[A witness] may testify on the pattern or

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State of Iowa v. Jamie Lee Peed
Court of Appeals of Iowa, 2026
State of Iowa v. Joseph Harold Watson
Court of Appeals of Iowa, 2026
State of Iowa v. Carl Phillip Porter
Court of Appeals of Iowa, 2025
State of Iowa v. Cindy Louise Randel
Court of Appeals of Iowa, 2025
State of Iowa v. Victor Emanuel Hasvold
Court of Appeals of Iowa, 2025
State of Iowa v. Marsalis Tavoris Jones
Court of Appeals of Iowa, 2025
State of Iowa v. Nicolas Ross Heims
Court of Appeals of Iowa, 2024
State of Iowa v. Arthur Lee McDole
Court of Appeals of Iowa, 2023
State of Iowa v. Darrien Darvin Irving
Court of Appeals of Iowa, 2023
State of Iowa v. Keith Michael Moss
Court of Appeals of Iowa, 2023
State of Iowa v. Jeffrey Lee Stendrup
Supreme Court of Iowa, 2022
State of Iowa v. James Jonathan Ryan
Court of Appeals of Iowa, 2022
State of Iowa v. Chad Little
Court of Appeals of Iowa, 2021
State of Iowa v. Scott D. Sweatt
Court of Appeals of Iowa, 2020
State of Iowa v. Jeremy John Round
Court of Appeals of Iowa, 2020
State of Iowa v. Robert Arthur Reynolds
Court of Appeals of Iowa, 2020
State of Iowa v. Michael Lee Syperda
Court of Appeals of Iowa, 2019
State of Iowa v. Jose Manuel Domingo Mendez
Court of Appeals of Iowa, 2019
State of Iowa v. Quayshan Lamontez Moore
Court of Appeals of Iowa, 2019
State of Iowa v. Alan Nigel Archibald, Jr.
Court of Appeals of Iowa, 2018

Cite This Page — Counsel Stack

Bluebook (online)
722 N.W.2d 645, 2006 Iowa Sup. LEXIS 142, 2006 WL 2923991, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-grant-iowa-2006.