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Beck v. State

The defendant sold a confidential informant $100 worth of cocaine in a recorded transaction.

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Following a jury trial, Bernard Beck appeals his conviction for distributing cocaine,1 challenging the sufficiency of the evidence and arguing that the trial court clearly erred in finding he did not carry his burden of showing ineffective assistance of counsel. We hold that the evidence sufficed to sustain the conviction and to sustain the finding that Beck failed to show ineffective assistance of counsel. Accordingly, we affirm. 1. When reviewing a defendant’s challenge to the sufficiency of the evidence, we view the evidence in the light most favorable to the jury’s verdict, and the defendant no longer enjoys the presumption of innocence. Short v. State .2 We do not weigh the evidence or determine witness credibility, but only determine if the evidence was sufficient for a rational trier of fact to find the defendant guilty of the charged offense beyond a reasonable doubt. Jackson v. Virginia .3

So viewed, the evidence shows that on February 5, 2005, a police detective arranged to have a confidential informant “CI” conduct a controlled drug buy. After searching the CI and his vehicle to ensure that the CI had no drugs or money, the detective provided the CI with $100 in cash and wired him for audio transmission. Using binoculars, the detective observed the CI as he drove to a neighborhood and picked up a male of a minority race who was wearing a distinctive outfit consisting of an oversized dark blue denim jacket and matching dark blue denim pants. While this denim-clad male was in the CI’s vehicle during which time the CI drove about 100 yards down the street, the detective overheard and recorded the conversation between the CI and the male, which reflected the CI’s purchasing cocaine from the male for $100.

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