Arizona Criminal Defense Attorney Blog
In a recent case before an Arizona court of appeals, the defendant appealed his conviction for possession of drug paraphernalia. His original verdict was based on an incident in which investigators caught him with large amounts of drugs and cash, as well as with a money counter, a scale, and a vacuum sealer in his home. He filed a motion to suppress the incriminating evidence, which the trial court denied. His trial proceeded, and a jury found him guilty as charged. On appeal, the defendant argued that the evidence was insufficient to support his conviction, but the higher court disagreed.
Facts of the Case
The opinion details the case’s underlying incident, which began when local police officers installed a camera on a pole outside the defendant’s home to capture footage of the surroundings. Officers eventually saw the defendant bringing a large duffle bag into his car, which they suspected contained drugs. They initiated a traffic stop and immediately found $23,000 in cash along with a large sum of Adderall pills in the defendant’s car.
The officers then obtained a warrant to search the defendant’s home. Upon effectuating the search, the officers found over $200,000 in cash, along with 981 fentanyl pills, two handguns, and drug paraphernalia. The State charged the defendant with the following offenses: possession of narcotic drugs for sale, money laundering, and possession of drug paraphernalia. The defendant’s case went to trial, and he was found guilty. The defendant promptly appealed.
The Court’s Decision
On appeal, the defendant’s argument was that the evidence was insufficient to support his guilty conviction. He argued that the State did not meet its burden of proving every element of the crime of possession of drug paraphernalia, and therefore the conviction should be vacated. Specifically, the defendant took issue with the police officer’s testimony – he indicated that he did not personally see the drug paraphernalia in the defendant’s room, but instead he just knew it came from the defendant’s residence more generally. Because the officer did not specifically see the paraphernalia in the defendant’s room, the evidence was insufficient to support a guilty finding.
The higher court reviewed the defendant’s argument but ultimately disagreed. According to the court, the jury had sufficient evidence to find the defendant guilty, even though the officer had not seen the drug paraphernalia in the defendant’s room. There was evidence that pills were found all around the defendant’s home, and the officer testified that given the quantity of drugs and amount of cash, it was likely drug offenses were involved. The defendant’s attorney, for his part, did not offer any other explanation for the drugs and cash.
Therefore, said the court, the evidence was sufficient, and the defendant’s appeal would be denied.
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