State v. Wiley

80 S.W.3d 509, 2002 Mo. App. LEXIS 1653, 2002 WL 1790664
CourtMissouri Court of Appeals
DecidedAugust 6, 2002
DocketNo. WD 59971
StatusPublished
Cited by5 cases

This text of 80 S.W.3d 509 (State v. Wiley) 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. Wiley, 80 S.W.3d 509, 2002 Mo. App. LEXIS 1653, 2002 WL 1790664 (Mo. Ct. App. 2002).

Opinion

PATRICIA BRECKENRIDGE, Judge.

A jury convicted Mr. Wiley of second degree trafficking for possessing between two and six grams of a substance containing cocaine base, in violation of § 195.223.3(1), RSMo 2000.1 He was sen[511]*511tenced to ten years imprisonment. On appeal, Mr. Wiley claims that the State did not prove his guilt beyond a reasonable doubt because the State’s evidence did not establish that he knew or was aware that he was in possession of two or more grams of a substance containing cocaine base. He contends that the evidence demonstrated that he knew he was in possession of only 1.6 grams of a substance containing cocaine base and not two or more grams of cocaine base. Because § 195.223.3 requires knowledge as to only the presence and nature of a controlled substance, and not its specific weight, the judgment of the trial court is affirmed.

Factual and Procedural Background

On appeal from a criminal conviction, this court reviews the facts and any inferences therefrom in the light most favorable to the jury’s verdict. State v. Mann, 23 S.W.3d 824, 827 (Mo.App.2000). Under that standard, the evidence is that on April 30, 1999, police officers responded to a domestic disturbance call at a residence in Kansas City. When the officers arrived at the residence, Molly Miller met them on the front porch. Ms. Miller stated that she and Mr. Wiley were moving, and they got into an argument. Ms. Miller had called the police because she feared for her safety. She told the officers that Mr. Wiley was inside the house.

The officers went inside the house and found Mr. Wiley sitting on the couch. When the officers asked Mr. Wiley about the domestic disturbance, he denied that any argument had taken place. The officers then did a computer check for outstanding warrants on Mr. Wiley. The check revealed that there were outstanding warrants for him, so the officers placed Mr. Wiley under arrest and searched him. In Mr. Wiley’s front pocket, the officers found a baggie with what the officers believed was a rock of crack cocaine. Subsequent testing of the rock revealed that it contained cocaine base and weighed 2.57 grams.

The State charged Mr. Wiley with second degree trafficking, under § 195.223.3(1), for possessing more than two but less than six grams of a substance containing cocaine base. At trial, Mr. Wiley testified in his own defense. He admitted that he possessed crack cocaine, but he claimed that the rock of crack cocaine weighed only 1.6 grams when he bought it. In addition, he testified that, earlier in the day, he smoked some of the crack. Therefore, Mr. Wiley concluded that the rock of crack cocaine could not have weighed 2.57 grams. The jury found Mr. Wiley guilty of second degree trafficking and he was sentenced to ten years imprisonment. This appeal followed.

Standard of Review

In determining whether sufficient evidence supports the verdict, this court must determine whether substantial evidence exists from which a reasonable juror might have found the defendant guilty beyond a reasonable doubt. State v. Grim, 854 S.W.2d 403, 405 (Mo. banc 1993). This court accepts as true all the evidence favorable to the State, including all favorable inferences drawn from the evidence, and disregards all evidence and inferences to the contrary. Id. “Substantial evidence consists of evidence ‘from which the trier of fact could reasonably find the issue in harmony with the verdict.’ ” Mann, 23 S.W.3d at 829 (quoting State v. Gomez, 863 S.W.2d 652, 655 (Mo. App.1993)). Resolution of this case also involves statutory interpretation. The interpretation of a statute is a question of [512]*512law, which this court reviews de novo. In re T.A.S., 62 S.W.3d 650, 658 (Mo.App. 2001).

Knowledge of Weight of Controlled Substance Not Element of Offense

In his sole point on appeal, Mr. Wiley claims that the State did not prove that he was guilty beyond a reasonable doubt because the State’s evidence did not establish that he knew or was aware that he was in possession of more than two grams of a substance containing cocaine base. Mr. Wiley argues that § 195.223.3 requires that the defendant have knowledge of the weight of the controlled substance and not just of its illegal nature. Mr. Wiley contends that the knowledge requirement should apply to the weight of the controlled substance, just as it does to the “presence and nature” of the controlled substance. Additionally, Mr. Wiley asserts that not requiring knowledge as to the weight of the controlled substance would lead to an absurd result because different elements of the offense would have different culpable mental states.

Section 195.223.3 states in pertinent part, “A person commits the crime of trafficking drugs in the second degree if ... he possesses or has under his control ... more than two grams of a mixture or substance described in subsection 2 of this section which contains cocaine base.” Subparagraph (1) of subsection 3 provides that “[i]f the quantity involved is more than two grams but less than six grams the person shall be guilty of a class B felony.” Mr. Wiley was charged and found guilty of the class B felony because the amount of the controlled substance seized from him was greater than two but less than six grams.

With regard to the culpable mental state required for a conviction for trafficking

under § 195.223.3, there is no mental state articulated in the language of the statute for any element of the crime. The Supreme Court in State v. Carson, 941 S.W.2d 518, 520-22 (Mo. banc 1997), considered the culpable mental state for the crime of second degree trafficking, and determined that the required mental state was “knowledge,” which they applied from the definition of the- element of possession. See also State v. LaFlamme, 869 S.W.2d 183, 186 (Mo.App.1993). Section 195.010(32) of the Comprehensive Drug. Control Act defines “possessed” or “possessing a controlled substance”:

[A] person, with knowledge of the presence and nature of a substance, has actual or constructive possession of the substance. A person has actual possession if he has the substance on his person or within easy reach and convenient control. A person who, although not in actual possession, has the power and the intention at a given time to exercise dominion or control over the substance either directly or through another person or persons is in constructive possession of it. Possession may also be sole or joint. If one person alone has possession of a substance possession is sole. If two or more persons share possession of a substance, possession is joint.

The defendant in Carson was charged “with committing trafficking in the second degree three ways: (1) possessing, (2) having under control, or (3) bringing into this state,” and he was convicted of bringing cocaine into the state. 941 S.W.2d at 521. Mr. Carson claimed on appeal that the trial court erred because the verdict director did not require the jury to find the mental element of “knowingly.” Id. at 520.

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Bluebook (online)
80 S.W.3d 509, 2002 Mo. App. LEXIS 1653, 2002 WL 1790664, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-wiley-moctapp-2002.