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Thompson v. State

An undercover officer testified that the defendant was one of two men from whom he purchased cocaine.

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A jury found Reginald Thompson guilty of selling cocaine. Thompson appeals, alleging the evidence was insufficient to support the jury’s verdict. We find no error and affirm Thompson’s conviction. On appeal from a criminal conviction, we view the evidence in the light most favorable to support the jury’s verdict, and the defendant no longer enjoys a presumption of innocence; moreover, this Court determines evidence sufficiency and does not weigh the evidence or determine witness credibility.1 “Resolving evidentiary conflicts and inconsistencies, and assessing witness credibility, are the province of the factfinder, not this Court.”2 As long as there is some evidence, even though contradicted, to support each necessary element of the state’s case, this Court will uphold the jury’s verdict.3

Viewed in this light, the evidence at trial showed that Thompson sold an undercover agent “an off-white, rock-like substance that appeared to be cocaine.” The substance was later analyzed at the state crime lab and returned with a positive finding for cocaine. As the undercover agent drove away, he radioed two other agents who were at the motel, but out of sight of the transaction. He told the agents that he had bought cocaine from two men, who he described in detail, in the area of rooms 123 and 148. The two agents immediately moved to the scene and saw Thompson’s co-defendant standing in front of room 123. They detained the co-defendant a few minutes until the undercover agent returned and identified the co-defendant and Thompson as the men from whom he had purchased the cocaine. In addition, the drug transaction was audio recorded by the undercover agent, and the audio tape was admitted into evidence and published to the jury.

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