State v. Sondreal

459 N.W.2d 435, 1990 S.D. LEXIS 117, 1990 WL 104009
CourtSouth Dakota Supreme Court
DecidedJuly 25, 1990
Docket16903
StatusPublished
Cited by21 cases

This text of 459 N.W.2d 435 (State v. Sondreal) is published on Counsel Stack Legal Research, covering South Dakota Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Sondreal, 459 N.W.2d 435, 1990 S.D. LEXIS 117, 1990 WL 104009 (S.D. 1990).

Opinions

MILLER, Justice.

In this decision we affirm convictions of distribution of a controlled substance and conspiracy to distribute a controlled substance, holding that (1) cocaine is, as a matter of law, a controlled substance; (2) conflicts in State’s evidence do not warrant reversal; (3) there was adequate corroboration of an accomplice’s testimony; and (4) subsequent return of a controlled substance to the original deliverer may be a distribution thereof under our statute.

FACTS

Kip Sondreal was indicted on one count of conspiracy to distribute a controlled substance in violation of SDCL 22-3-81 and [437]*43722-42-2,2 and one count of distribution of a controlled substance in violation of SDCL 22-42-2. He was convicted by a jury and this appeal followed. We affirm.

Brian Hanson (Hanson), an admitted drug user and dealer, had been directly involved in the conspiracy and distribution of cocaine which led up to the arrest and conviction of Sondreal. Hanson agreed to cooperate with law enforcement, testify at trial, and plead guilty to conspiracy to distribute cocaine, pursuant to an agreement to grant him use immunity from prosecution for all other drug related crimes.

Hanson had been involved in dealing drugs with Marc Hanson (no relation). They worked as “partners.” Also involved in this drug ring was Mark Small, who had a cocaine supplier in Minnesota. In February or March, 1989, Hanson and Sondreal used cocaine together for the first time. Hanson testified that thereafter they met almost every other day to use cocaine.

In March, 1989, Sondreal and Hanson discussed the possibility of Sondreal financing a cocaine deal.3 On March 24, 1989, the Hansons and Small drove to Minnesota to purchase cocaine from Ed Swart. They had previously accumulated $5600 for the drug transaction. Hanson invested $200, Eric Fodness, a friend, $900, and Sondreal, $4500. Hanson testified that during this time “dealing drugs” was his only means of income; it was his “life.” Although they paid the entire $5600 to Swart, they were unable to obtain the amount of cocaine desired. Swart agreed to later send or supply the rest of the cocaine. Although their intentions were to purchase four ounces of cocaine on this trip, they acquired only one ounce. Consequently, they were unable to give Sondreal the entire amount due for his $4500 investment. They did provide him with eight grams, but did not tell him they were unable to obtain the rest. Instead, Hanson informed Sond-real that he had “stashed” the remainder.

In early April, the Hansons went to Sioux Falls and picked up a second ounce of cocaine which Swart had sent by bus. Hanson gave Sondreal a half ounce (14 grams) of this amount. Two days later, Sondreal returned ten grams to Hanson, complaining of the quality.4 On or about April 22, 1989, Hansons returned to Minnesota and obtained a third ounce of cocaine from Swart.

About this time Hanson became employed in Alpena, South Dakota. Sondreal began calling him at work demanding the return of his money. Early one morning, he entered Hanson’s house, unannounced, and woke him up asking about the money. Prior to leaving he poked a hole in one of Hanson’s stereo speakers.

On May 4, 1989, Hanson was called to the Huron Police Station where he made a general admission of his involvement in purchasing and selling drugs. He also re[438]*438vealed his involvement with Sondreal. Pursuant to an interview with Captain David Rand, Hanson went home, recovered and turned over to Rand a portion of the ten grams of cocaine which Sondreal had previously returned to him. That same afternoon, Captain Rand had Hanson call Sond-real hoping to telephonically record some discussion regarding the cocaine transaction. Sondreal avoided specific drug discussion, but did agree to meet Hanson at a local restaurant. Hanson was provided with |1000 in marked money. (The police also attempted to equip him with a body mike in order to record the conversation, but the equipment failed to work.) At the meeting, the money was exchanged and Sondreal was arrested by the police who were in the immediate proximity.

The following day Sondreal called Hanson at his place of employment and told him that he had better change his story. Sondreal also told Hanson in this phone conversation that, “[w]hen drug deals go bad, people die_”

At trial, Sondreal testified that the $4500 was a loan to Hanson for converting his van. He admitted that he did not take anything as security or require a promissory note to be signed by Hanson. He testified that he had no idea Hanson would buy drugs with the money.

DECISION

WHETHER THERE WAS SUFFICIENT EVIDENCE TO SUPPORT THE CONVICTION.

Sondreal has raised four specific arguments in support of his issue that there was insufficient evidence to sustain the conviction. He has asserted that (1) there was insufficient evidence to establish the identity of the substance allegedly distributed; (2) the testimony of State’s witnesses was so contradictory as to not lead to any conclusion; (3) there was no corroboration of the accomplice's testimony on the conspiracy charge; and (4) the charge of distribution was not supported by the evidence.

Generally, in determining the sufficiency of the evidence on appeal, the question presented is “whether there is evidence in the record, which, if believed by the jury, is sufficient to sustain a finding of guilt beyond a reasonable doubt.... In making this determination, the Court will accept that evidence, and the most favorable inferences fairly drawn therefrom, which will support the verdict.” State v. Miller, 429 N.W.2d 26, 38 (S.D.1988) (citations omitted). See also State v. Jenner, 451 N.W.2d 710 (S.D.1990).

A. IDENTITY OF SUBSTANCE

Sondreal contends that evidence of the identity of the substance alleged to have been distributed was insufficient. He is not contesting that the substance introduced by State was, in fact, cocaine. (State’s expert witness testified to that.) He argues that cocaine is not a substance listed in either Schedule I, see SDCL 34-20B-12, -13 & -14, or Schedule II, see SDCL 34-20B-16 and -17. Consequently, he alleges the evidence presented was insufficient to sustain a conviction.

The case of State v. Habbena, 372 N.W.2d 450 (S.D.1985), is dispositive of this issue. Therein we clearly stated, “[cjocaine is a Schedule II substance under SDCL 34-20B-16.” Id., at 458.

B. CONFLICTS IN STATE’S EVIDENCE

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

Related

State v. Bosworth
2017 SD 43 (South Dakota Supreme Court, 2017)
State v. Olhausen
1998 SD 120 (South Dakota Supreme Court, 1998)
State v. Olhousen
1998 SD 120 (South Dakota Supreme Court, 1998)
State v. Pellegrino
1998 SD 39 (South Dakota Supreme Court, 1998)
Freeman v. Class
911 F. Supp. 402 (D. South Dakota, 1995)
State v. Hage
532 N.W.2d 406 (South Dakota Supreme Court, 1995)
State v. Sprik
520 N.W.2d 595 (South Dakota Supreme Court, 1994)
Freeman v. Leapley
519 N.W.2d 615 (South Dakota Supreme Court, 1994)
State v. Larson
512 N.W.2d 732 (South Dakota Supreme Court, 1994)
Commonwealth v. Artis
35 Va. Cir. 573 (Alexandria County Circuit Court, 1993)
State v. Davi
504 N.W.2d 844 (South Dakota Supreme Court, 1993)
State v. Sondreal
459 N.W.2d 435 (South Dakota Supreme Court, 1990)

Cite This Page — Counsel Stack

Bluebook (online)
459 N.W.2d 435, 1990 S.D. LEXIS 117, 1990 WL 104009, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-sondreal-sd-1990.