Dulcio v. State

Kernio Dulcio appeals from the judgment entered after a jury found him guilty of possession with intent to distribute cocaine, possession of marijuana, obstruction of an officer, and tampering with evidence. Dulcio argues that the trial court erred in refusing to grant his motion for mistrial or motion for directed verdict as to the possession of marijuana count and also erred in refusing to give his requested charge on “bare suspicion.” After reviewing the record, we conclude there was no error and affirm. The evidence at trial, taken in the light most favorable to the verdict, was as follows. A confidential informant told officers that he had set up a drug buy with Dulcio on the following day for $1,000 worth of cocaine. Officers recorded a phone call from the informant to Dulcio setting up a meeting at the Waffle House. The officers were waiting at the Waffle House when Dulcio pulled into the parking lot. The confidential informant went out to Dulcio’s car and, after talking to Dulcio through the window, signaled to the officers. As the officers approached, they saw Dulcio rip open one of the baggies lying on the seat beside him and start shoving the contents, later shown to be cocaine, into his mouth.

Officers shouted to him to show them his hands, but Dulcio did not respond. Dulcio resisted when officers tried to put handcuffs on him and they were forced to wrestle him to the ground before they could handcuff him.