State v. Martin

2017 SD 65, 903 N.W.2d 749, 2017 S.D. LEXIS 133
South Dakota Supreme Court·Decided November 1, 2017·No. 28025·Published·Cited by 9 cases

Opinion

ZINTER, Justice

[¶1.3 Christopher Martin appeals from his conviction of unlawfully possessing a controlled substance. He contends the State’s evidence- was insufficient to prove he knowingly possessed oxycodone. We affirm. ... . . .

[¶2.] On September 15, 2015, Rapid City Police Officer Eric Holmquist located an abandoned vehicle that Martin had reported stolen. While waiting for Martin to arrive, Holmquist determined Martin had an outstanding arrest warrant. When Martin arrived, he was arrested on the warrant and searched incident to arrest. Holmquist found twenty-three oxycodone pills in Martin?s pocket, along with ten $100 bills and a combination of smaller bills. The pills appeared to be prescription-medication but they were wrapped in cellophane from cigarette packaging. Martin claimed that the pills belonged to “a friend or friends,” and that he was unaware of what they were.

[¶3.] Detective Jim Ganser started a follow-up investigation. Martin told Ganser the pills belonged to “Jessica,” but Martin did not provide a last name. Martin claimed Jessica must have dropped the pills in the pickup he was driving when he went to her residence to talk to her about his stolen vehicle. However, Martin inconsistently stated that Jessica never got into the pickup and that she only talked to him through the passenger window. Although Martin also indicated he had been to Jessica’s home several times, he claimed he did not know her address—so he drew a map. Because the map did not lead to Jessica’s home, Ganser used a property manage; ment company to determine Jessica’s last name and address.

[¶4.] Jessica’s statements to Ganser were more incriminatory than exculpatory. She told Ganser that Martin was driving a motorcycle, not a’pickup, when he came to her home. At trial, Jessica also disclosed she kept prescription oxycodone and other similar looking pain medication in her house. She explained that she had been taking oxycodone for approximately three or four years for chronic pain. Although Jessica was on probation for attempting to obtain more oxycodone by calling in hér own prescription, she denied selling or giving any of her medications to Martin. 1 She did, however, testify that Martin had access to her home. She testified Martin was a close acquaintance that she had known for at least a year and a half. She also testified that she had given Martin a key to her home prior to travelling to Utah in the late summer of 2015; and the day before his arrest, Martin had been in her home discussing his stolen vehicle.

[¶5.] Martin moved for judgments of acquittal at the close of the State’s evidence and after the’ jury verdict. Both motions were denied. Martin now appeals. He concedes he knowingly possessed the pills, but he contends the evidence was insufficient to prove he knowingly possessed oxyco-, done, a controlled drug.

[¶6.] In reviewing the denial of a motion for judgment of acquittal; “we determine “whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.’ ” State v. Uhing, 2016 S.D. 93, ¶ 10, 888 N.W.2d 550, 553-54 (quoting State v. Plenty Horse, 2007 S.D. 114, ¶ 5, 741 N.W.2d 763, 765). “We will not ‘resolve conflicts in the evidence, assess the credibility of witnesses, or reevaluate the weight of the evidence.’ ” State v. Hauge, 2013 S.D. 26, ¶ 12, 829 N.W.2d 145, 149 (quoting State v. Morgan, 2012 S.D. 87, ¶ 10, 824 N.W.2d 98, 100). “If the evidence, including circumstantial evidence and reasonable inferences drawn therefrom sustains a reasonable theory of guilt, a guilty verdict will not be set aside.” Id. This is a question of law that we review de novo. State v. Linson, 2017 S.D. 31, ¶ 5, 896 N.W.2d 656, 659.

[¶7.] Under South Dakota law, “[n]o person may knowingly possess a controlled drug or substance unless the substance was obtained directly or pursuant to a valid prescription or order from a practitioner ..., ” SDCL 22-42-5. Affording the most natural reading to language like that found in SDCL 22-42-5, “the word ‘knowingly’ applies not just to the statute’s verb[] [(“possess”)] but also to the object of [that] verb[]—‘a controlled substance.’ ” See McFadden v. United States, — U.S. —, 135 S.Ct. 2298, 2304, 192 L.Ed.2d 260 (2015) (citations omitted) (extending the “knowing” requirements found in 21 U.S.C. § 841(a)(1) (2010) 2 to controlled substance analogues under 21 U.S.C. § 813 (2012) 3 ). In interpreting our statutory language, we have also stated the State must prove the defendant “knowingly possessed a controlled substance.” 4 See State v. Toben, 2014 S.D. 3, ¶ 10, 842 N.W.2d 647, 649 (emphasis added) (citing SDCL 22-42-5). Thus, we have indicated “possession requires that an individual be aware of the presence and character of the [drug].” State v. Riley, 2013 S.D. 95, ¶ 16, 841 N.W.2d 431, 436 (quoting State v. Mattson, 2005 S.D. 71, ¶22, 698 N.W.2d 538, 547); accord Toben, 2014 S.D. 3, ¶ 13, 842 N.W.2d at 651 (quoting Dawkins v. State, 313 Md. 638, 547 A.2d 1041, 1046 n.10 (1988)) (“Most states adopting the Uniform Controlled Substances Act, like South Dakota, hold that ‘the accused must not only know of the presence of the substance but also of the general character of the substance.’ ”); see also State v. Barr, 90 S.D. 9, 237 N.W.2d 888, 891 (1976) (citing State v. Kietzke, 85 S.D. 502, 186 N.W.2d 551 (1971)) (recognizing the Court has held knowledge of the drug’s character is an element of the charge of unlawful possession). But we also agree with many other jurisdictions holding that a defendant need not “know the exact nature of the substance in his possession, only, that it was a controlled substance of some kind.” United States v. Martin, 274 F.3d 1208, 1210 (8th Cir. 2001). 5

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State v. Martin, 2017 SD 65, 903 N.W.2d 749, 2017 S.D. LEXIS 133 (S.D. 2017).

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