Russell v. State

A jury found Paul Russell guilty of possession of marijuana with intent to distribute three counts, unlawful use of a communication facility, possession of devices to commit a crime, and hindering a law enforcement officer. Russell appeals, enumerating as error the denial of his motion for a directed verdict of acquittal on all counts. He also contends that the trial court erred in imposing separate sentences for each of the possession-with-intent-to-distribute counts. We affirm.

1. In six enumerations of error, Russell claims the trial court erred in denying his motion for a directed verdict of acquittal on five counts. “Where, as in this case, sufficiency of the evidence is challenged by a motion for directed verdict of acquittal, the proper test is the reasonable doubt test of Jackson v. Virginia, 443 U. S. 307 99 SC 2781, 61 LE2d 560 1979.”1 On appeal we view the evidence in the light most favorable to support the verdict to determine the sufficiency of the evidence and do not weigh the evidence or determine the credibility of witnesses.2