People v. Saghy, 26276

• Citation: 543 P.2d 1243,190 Colo. 79
• Decision Date: 22 December 1975
• Docket Number: No. 26276,26276
• Parties: The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Lawrence Edward SAGHY, Defendant-Appellant.
• Court: Supreme Court of Colorado

Page 1243

543 P.2d 1243

190 Colo. 79

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Lawrence Edward SAGHY, Defendant-Appellant.

No. 26276.

Supreme Court of Colorado, En Banc.

Dec. 22, 1975.

John P. Moore, Atty. Gen., John E. Bush, Deputy Atty. Gen., E. Ronald Beeks, Asst. Atty. Gen., Denver, for plaintiff-appellee.

Walter L. Gerash, P.C., Fischer & Kenison, Louis Mr. Fischer, Denver, for defendant-appellant.

PRINGLE, Chief Justice.

The appellant, Lawrence Edward Saghy, was convicted of conspiracy to sell a narcotic drug, specifically marijuana, with intent to induce another to illegally possess or use that drug in violation of C.R.S.1963, 48--5--20(1)(a), (i). The appellant was tried jointly with his co-defendant, Thomas Joseph Parent who has also appealed to this Court. The decisions in both cases are announced contemporaneously today since the factual circumstances are identical and the appellants allege grounds for reversal which, to some extent, overlap.

The appellant, Saghy, was sentenced to a term of 12--14 years at the State Penitentiary. Subsequently, his sentence was commuted by the then Governor of Colorado, John D. Vanderhoof, to a minimum sentence of 2 years and 10 months, with the maximum to remain 14 years. Because of the Governor's action, appellant has withdrawn his contention that his original sentence constituted cruel and unusual punishment. The appellant contends that there remain five other grounds which require reversal. We affirm.

I.

Two of the appellant's contentions are easily resolved. First, appellant argues that the statutory classification of marijuana as a narcotic drug is unconstitutional; second, that since the purchaser in this case was a police officer, a conviction for intent to induce another to illegally possess or use such drug cannot be obtained. We have discussed both of these contentions in People v. Parent, Colo., 543 P.2d 1241, announced today, and find them without merit.

II.

Appellant also maintains that the prosecution evidence presented a trial was insufficient as a matter of law to sustain a conviction for conspiracy to sell with intent to induce illegal possession, and therefore, upon motion, a judgment of acquittal should have been entered. The test to be applied in ruling on a motion for judgment of acquittal is whether the evidence, both direct and circumstantial, when viewed in the light most favorable to the prosecution is substantial and sufficient to support a conclusion by a reasonable mind that the defendant is guilty beyond a reasonable doubt. People v. Bennett, 183 Colo. 125, 515 P.2d 466 (1973).

The evidence at trial, when viewed most favorably for the prosecution, established that after various preliminary negotiations between an undercover agent and one Ricker for the purchase of a large quantity of marijuana, Ricker, at about 10:00 p.m. on the night in question, told the agent that the marijuana was not yet on the premises (Ricker's residence) but to return at 11:30 p.m. At about 11:05 p.m. Saghy and Parent arrived in a pickup truck, entered the house, returned to the truck a few minutes later, accompanied by Ricker, and carried an apparently heavy, white box with a red stripe into the house. When the undercover agent had been in the house earlier no such boxes were observed. Surveillance officers observed no other large packages being carried into the house. The defendant and his co-defendant then left the house. As they drove away both defendants acted concerned about any persons around them, checked their rear view mirrors, and were 'looking around.' At 11:30 p.m. the undercover agent returned...