State v. Puig

37 S.W.3d 373, 2001 Mo. App. LEXIS 192, 2001 WL 69325
CourtMissouri Court of Appeals
DecidedJanuary 30, 2001
DocketNo. 23541
StatusPublished
Cited by10 cases

This text of 37 S.W.3d 373 (State v. Puig) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Puig, 37 S.W.3d 373, 2001 Mo. App. LEXIS 192, 2001 WL 69325 (Mo. Ct. App. 2001).

Opinion

MONTGOMERY, Judge.

In this jury-tried case, Andrew E. Puig (Defendant) was found guilty of sale of a controlled substance in violation of § 195.211.1 Defendant was sentenced to twelve years’ imprisonment in the department of corrections. Defendant appeals his conviction asserting three points of error.

Defendant’s first point relied on disputes the sufficiency of the evidence to sustain his conviction. Viewed in the fight most favorable to the verdict, the following evidence was adduced at trial.

On April 17, 1998, Sandra North, an undercover officer with the Lake Area Narcotics Enforcement Group, went with a confidential informant to the Dixie Trailer Court in Greenview, Missouri. The informant had advised Officer North that certain people in the trailer park might have marijuana available for sale. Eventually they went to the trailer occupied by Hans Anderson.

Upon arrival, the informant advised Officer North that Defendant’s pickup truck was parked outside. After knocking on the door, Officer North and the informant were admitted inside. There, they observed Anderson, his wife Cleo, and the Defendant. After introductions and some general conversation, the informant announced that they were there to buy some marijuana. Defendant told Officer North that he did not have any for sale. Anderson stated that he did have some for sale. The price was discussed, and Anderson agreed to sell Officer North a quarter of an ounce of marijuana for the price of $45. Defendant was present during these negotiations.

Anderson stated that he needed his scale because he did not know whether he would be able to estimate a quarter of an ounce. He directed Defendant to retrieve Anderson’s scale out of Defendant’s pickup truck and the Defendant left the trailer. Defendant returned within a minute and gave Anderson a “finger” scale.2 Anderson measured out the appropriate [375]*375amount of marijuana, and Officer North paid the agreed price. The substance Officer North purchased was 8.2 grams of marijuana.

Defendant’s first point alleges that the State’s evidence was insufficient to convict him for selling marijuana or that he acted with or aided Hans Anderson. Defendant alleges the evidence revealed that Anderson committed all acts relating to the sale of marijuana and that Defendant merely returned Anderson’s scale when he was requested to do so.

In reviewing the sufficiency of the evidence to sustain a criminal conviction, we accept as true all of the evidence favorable to the state, including all favorable inferences drawn from the evidence, and disregard all evidence and inferences to the contrary. State v. Dulany, 781 S.W.2d 52, 55 (Mo. banc 1989). Our review is limited to a determination of whether there is sufficient evidence from which a reasonable juror might have found the defendant guilty beyond a reasonable doubt. Id. “The reliability, credibility and weight of the witnesses’ testimony is for the jury to determine.” State v. Idlebird, 896 S.W.2d 656, 661 (Mo.App.1995).

Although charged as a principal in violating § 195.211, the verdict directing instruction was submitted under a theory of accomplice liability, i.e., Defendant aided or acted together with Anderson in making the sale. Section 562.041 provides:

1. A person is criminally responsible for the conduct of another when
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(2) Either before or during the commission of an offense with the purpose of promoting the commission of an offense, He aids or agrees to aid or attempts to aid such other person in planning, committing or attempting to commit the offense.

All persons who act in concert to commit a crime are equally guilty. State v. Martin, 971 S.W.2d 904, 907 (Mo.App.1998). There must be some evidence defendant associated himself with the crime in some manner, but the state need not show defendant personally committed every element of the crime; mere encouragement is enough. State v. Chambers, 998 S.W.2d 85, 90-91 (Mo.App.1999). “[A]ny evidence that shows affirmative participation in aiding the principal to commit the crime is sufficient to support a conviction.” State v. Clay, 975 S.W.2d 121, 139 (Mo. banc), cert. denied, 525 U.S. 1085, 119 S.Ct. 834, 142 L.Ed.2d 690 (1999).

Defendant argues he did not aid Anderson in making the drug sale by retrieving and returning the scale to him. Defendant asserts that the use of the scale in completing the sale was only an incidental consequence of returning that scale. Defendant further suggests that the State’s evidence fails to show that he had the “purpose of promoting the commission of an offense” under § 562.041. However, Defendant presents no case law in support of these conclusions.

While Defendant’s conclusions are thought provoking, they remain unsupported by citation to relevant legal authority. We are allowed to consider a point abandoned when an appellant fails to support a contention with relevant case law or argument beyond conclusions. State v. Perry, 954 S.W.2d 554, 570 (Mo.App.1997). However, we are able to respond to Defendant’s point based on our own research.

In State v. Dotson, 635 S.W.2d 373 (Mo.App.1982), a jury convicted the defendant of selling marijuana. On appeal, defendant claimed the evidence was insufficient to convict him because he was only present during the sale and did not participate in it. The evidence showed that an undercover agent and his informant met the defendant and his companion in a bar in Jefferson City. Defendant said, “If you want the pot, follow us outside.” All four of them went outside where defendant’s companion sold marijuana to the undercover officer. Defendant did not participate [376]*376in the physical exchange of the marijuana nor of the money.

In rejecting defendant’s claim of error, the appellate court said:

While presence alone does not prove an aider and abettment, when a person present at the commission of the offense shows by some affirmative participation that the crime is an enterprise he wishes to bring about, he becomes an aider and abettor. State v. Castaldi, 386 S.W.2d 392, 395[3] (Mo.1965). The evidence that the defendant was in the company of the eventual seller of the contraband at the outset of transaction, then directed the eventual purchasers of the contraband: “If you want the pot, follow us outside.” [emphasis added], and then remained in the physical presence of the active actors until after the consummation of the exchanges, proves that he consciously assisted and encouraged the commission of the crime.

Id. at 373-74.

We see little difference between the instant facts and those in Dotson. While the instant Defendant, like the defendant in Dotson,

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Bluebook (online)
37 S.W.3d 373, 2001 Mo. App. LEXIS 192, 2001 WL 69325, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-puig-moctapp-2001.