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Hester v. State

Defendant offered one of the arresting officers $1500 a week and his watch if the officer agreed to let him go.

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A jury found Rodney Hester guilty of possessing cocaine, possessing cocaine with intent to distribute, possessing cocaine with intent to distribute within 1,000 feet of a housing project, and attempted bribery. The trial court sentenced Hester to life plus sixty years in prison. On appeal, Hester challenges the sufficiency of the evidence. Hester also contends that he is entitled to a new trial because the trial court misinformed him about the range of potential sentences prior to trial. Finally, Hester claims that he received ineffective assistance of trial counsel. As Hester’s allegations of error lack merit, we affirm. 1. Having been convicted of the crimes, Hester is no longer presumed innocent, and we view the evidence in a light most favorable to support the jury’s verdict.1 Our inquiry is limited to whether any rational trier of fact could have found, beyond a reasonable doubt, the essential elements of the crimes.2 In so doing, we neither weigh the evidence nor assess witness credibility, which are solely matters for the jury.3

So viewed, the evidence shows that on November 8, 1995, police officers Cliff Kelker and David Barnes were conducting surveillance in a high crime area near a public housing project. The officers saw Hester pick up an item on the sidewalk, which he then gave to a man who walked up to him. According to Kelker, he also observed what appeared to be money changing hands. Kelker testified that he “felt sure that this was a drug transaction,” and he called for a police unit to pick up the suspects. As soon as the unit pulled into view, Hester fled on foot.

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