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Keywords

defendanttrialprosecutor

defendantprosecutorobjection

Related Cases

People v. Morales, 25 Cal.4th 34, 18 P.3d 11, 104 Cal.Rptr.2d 582, 01 Cal. Daily Op. Serv. 1805, 2000 Daily Journal D.A.R. 2253

Facts

On November 3, 1995, police officers found the defendant in a van, exhibiting signs of PCP intoxication. His wife had sought police assistance for him, and officers discovered a vial containing PCP under the driver's seat. Although the defendant initially agreed to a urine test for PCP, he later refused. An expert testified that the vial contained a solution with PCP, and the defendant was observed to be under the influence of the drug.

On the evening of November 3, 1995, defendant's wife asked Los Angeles police officers to help her husband, who was outside in the police station parking lot. The officers found him sitting in the opening of the sliding door of a van that was parked askew with the driver's door also open.

Issue

Did the prosecutor's closing argument constitute prejudicial misconduct that warranted reversal of the defendant's conviction for possession of PCP?

Rule

The essential elements of possession of a controlled substance include dominion and control of the substance, knowledge of its presence, knowledge of its nature as a controlled substance, and that the substance is in a quantity usable for consumption or sale.

The essential elements of possession of a controlled substance are ‘dominion and control of the substance in a quantity usable for consumption or sale, with knowledge of its presence and of its restricted dangerous drug character. Each of these elements may be established circumstantially.’

Analysis

The court found that the prosecutor's arguments, while arguably misstatements of law, did not mislead the jury in a way that would require reversal. The evidence presented, including the defendant's intoxication and the presence of PCP, supported the conclusion that he had possessed the drug. The jury was instructed to follow the law as stated by the court, which mitigated any potential confusion from the prosecutor's comments.

Viewed in context, we find no reasonable likelihood that the prosecutor's arguments misled the jury in an objectionable fashion—i.e., so as to improperly convict him of possessing PCP.

Conclusion

The Supreme Court affirmed the conviction, concluding that the prosecutor's actions did not infect the trial with unfairness and that the conviction was based on sufficient evidence.

In sum, there was no misconduct. Moreover, we presume that the jury relied on the instructions, not the arguments, in convicting defendant.

Who won?

The State prevailed in the case, as the court upheld the conviction based on the evidence of possession and the defendant's intoxication.

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Williams v. Taylor, 529 U.S. 362, 120 S.Ct. 1495, 146 L.Ed.2d 389, 68 USLW 4263, 2000 Daily Journal D.A.R. 3949, 00 CJ C.A.R. 2064, 13 Fla. L. Weekly Fed. S 225

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