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Anderson v. State

September 29, 2009

DENISE L. ANDERSON, APPELLANT (DEFENDANT),
v.
THE STATE OF WYOMING, APPELLEE (PLAINTIFF).



Appeal from the District Court of Campbell County The Honorable Dan R. Price, II, Judge.

The opinion of the court was delivered by: Kite, Justice.

Before VOIGT, C.J., and GOLDEN, HILL, KITE, and BURKE, JJ.

[¶1] Denise Anderson challenges her convictions on three counts of delivering marijuana to minors. She argues the State did not present sufficient evidence for the jury to conclude that she actually delivered the controlled substances to the minors. Applying our standard of review, we conclude the evidence, together with the reasonable inferences flowing from it, was sufficient to support the jury's verdicts.

[¶2] We affirm.

ISSUE

[¶3] Ms. Anderson phrases the issue as:

I. Did the State fail to establish a prima facie case of delivery and did that failure amount to insufficient evidence to support the conviction?

The State's statement of the issue is similar.

FACTS

[¶4]On December 15, 2007, three Gillette police officers responded to a report that the odor of burning marijuana was emanating from an apartment and minors were present. The officers located three juvenile males in one bedroom of the apartment and Ms. Anderson in another bedroom. Ms. Anderson produced a number of items from her bedroom, including drug paraphernalia and a small amount of marijuana.

[¶5] The officers issued a citation to Ms. Anderson for possession of a controlled substance and citations to the three minors for using a controlled substance. Later, the State filed an information charging Ms. Anderson with three felony counts of delivery of a controlled substance to a minor in violation of Wyo. Stat. Ann. §§ 35-7-1036(a) (LexisNexis 2009) and 35-7-1031(a)(ii) (LexisNexis 2009).*fn1 Ms. Anderson pleaded not guilty to the felony charges and the matter went to trial before a jury on June 30, 2008. The jury returned guilty verdicts on all three counts and the district court entered judgment on the jury's verdicts. After the district court sentenced Ms. Anderson, she appealed.

STANDARD OF REVIEW

[¶6] In determining whether there was sufficient trial evidence to sustain a jury's conviction, we apply the following standard of review:

In reviewing the sufficiency of the evidence . . ., we examine and accept as true the State's evidence and all reasonable inferences which can be drawn from it. We do not consider conflicting evidence presented by the defendant. We do not substitute our judgment for that of the jury; rather, we determine whether a jury could have reasonably concluded each of the elements of the crime was proven beyond ...


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