State v. Betancourt
| Decision Date | 03 August 2011 |
| Docket Number | No. 37139.,37139. |
| Citation | 151 Idaho 635,262 P.3d 278 |
| Court | Idaho Court of Appeals |
| Parties | STATE of Idaho, Plaintiff–Respondent, v. Aniceto BETANCOURT, IV, Defendant–Appellant. |
Molly J. Huskey, State Appellate Public Defender; Eric D. Fredericksen, Deputy Appellate Public Defender, Boise, for appellant.
Hon. Lawrence G. Wasden, Attorney General; Rebekah A. Cudé, Deputy Attorney General, Boise, for respondent.
Aniceto Betancourt, IV, appeals from his judgment of conviction for possession of a controlled substance. For the reasons set forth below, we vacate the judgment of conviction and remand for a new trial.
Betancourt was stopped by an officer for failure to display a front license plate. Upon approaching the vehicle, the officer asked Betancourt where he was driving and where he had been prior to the stop. Betancourt responded that he had been sleeping in the passenger's seat of the vehicle when he heard gun shots, jumped into the driver's seat, and drove away. Betancourt also admitted to carrying a concealed weapon for which he had a permit. The officer asked permission to retrieve the weapon from the vehicle and Betancourt declined. The officer noticed a strong odor of alcohol on Betancourt's breath and placed him under arrest on suspicion of driving under the influence. An inventory search of the vehicle after Betancourt's arrest revealed methamphetamine under the floor mat of the passenger's seat. Officers took a sample of Betancourt's blood, which later tested positive for methamphetamine.
Betancourt was charged with driving under the influence, I.C. § 18–8004 ; carrying a concealed weapon while under the influence of alcohol or drugs, I.C. § 18–3302B ; and possession of a controlled substance, I.C. § 37–2732(c)(1). Betancourt pled guilty to driving under the influence and carrying a concealed weapon while under the influence. Prior to trial on the remaining charge, Betancourt filed a motion in limine. Betancourt argued that testimony regarding the results of his positive blood test for methamphetamine should not be presented to the jury because the test was not relevant and, if relevant, would be prejudicial and confuse the jury. Further, Betancourt also asserted, by way of a motion on the morning of trial, that a redacted video of the traffic stop was irrelevant and prejudicial. The district court held that both the blood test results and the video were admissible. During trial, the officer testified that, after initially cooperating with the officer and answering questions, Betancourt refused to answer any further questions without a lawyer present. On the following day, trial counsel filed a motion for a mistrial in response to the officer's statements regarding Betancourt's refusal to answer questions. The district court denied the motion. Finally, during closing arguments, the prosecutor asked the jury to pay close attention to Betancourt's demeanor during the video and to note that Betancourt did not want the officer to search the vehicle. The jury found Betancourt guilty of possession of a controlled substance. Betancourt appeals.
Betancourt raises six issues on appeal. First, he argues that the district court erred by admitting the redacted video of his traffic stop.1 Second, he asserts that the district court erred by admitting testimony regarding the results of Betancourt's positive blood test for methamphetamine. Third, he contends that there was insufficient evidence to support the jury's guilty verdict. Fourth, he argues that the testimony regarding his refusal to answer further questions violated his constitutional rights. Fifth, he argues that the state's comments during closing argument regarding Betancourt's refusal to allow officers to search the vehicle constituted prosecutorial misconduct. Finally, Betancourt contends that, even if this Court concludes that the asserted errors are harmless, the cumulative effect of the errors should result in the vacation of his judgment of conviction for possession of a controlled substance.
First, we address Betancourt's argument that the district court erred by allowing the jury to view a redacted video of his traffic stop and by admitting the results of his positive blood test for methamphetamine.
The district court determined that the redacted video of the traffic stop was probative of Betancourt's knowledge of and intent to possess the methamphetamine found in the vehicle. The video begins with the officer's questioning of Betancourt regarding the vehicle's missing front license plate, Betancourt's whereabouts prior to the stop, and whether Betancourt had any weapons in the vehicle. During this questioning, Betancourt admits to the officer that he had been sleeping in the passenger's seat of the vehicle when he heard gunshots and then jumped into the driver's seat in order to flee from the area where shots were fired. Later in the video, Betancourt states that he rode with the driver in the car from Betancourt's house in Boise to Caldwell, fell asleep in the passenger's seat, and only drove the vehicle once the driver exited the car and Betancourt heard gunshots. Betancourt elaborates with more and more details of his story as the officer continues to question him.
These portions of the redacted video are relevant. First, they demonstrate that Betancourt was in the particular area in the vehicle where the methamphetamine was found. Further, the portions of the video depicting Betancourt's elaborate and convoluted explanation for his previous whereabouts are also relevant to demonstrate his consciousness of guilt. Thus, Betancourt's behavior on the redacted video has the tendency to make Betancourt's knowledge of the drugs in the vehicle more probable. See I.R.E. 401 ; State v. Hocker, 115 Idaho 544, 547, 768 P.2d 807, 810 (Ct.App.1989).
However, as we will explain in more detail below with reference to the prosecutor's closing statements, the use of the portions of the video depicting Betancourt's refusal to consent to a search of the vehicle was improper. While other portions of the video were relevant to establish Betancourt's proximity to the methamphetamine and his consciousness of guilt, the use of Betancourt's refusal to allow the officer to search the vehicle was inadmissible.
Next, we turn to Betancourt's argument that the blood test evidence was irrelevant and prejudicial under I.R.E. 403(b). The district court held that the blood test evidence was relevant to demonstrate constructive possession because it established Betancourt's knowledge of the methamphetamine discovered in the passenger's compartment of the vehicle. We agree. See State v. Williams, 134 Idaho 590, 592–93 6 P.3d 840, 842–43 (Ct.App.2000) (). Evidence of the presence of methamphetamine in Betancourt's blood, alone, does not demonstrate his knowledge of the drug in the vehicle beyond a reasonable doubt. However, the blood test evidence makes Betancourt's knowledge of the methamphetamine more likely. Therefore, testimony regarding the results of Betancourt's blood test was relevant to Betancourt's knowledge of methamphetamine. The determination as to whether the blood test's probative value is outweighed by unfair prejudice is left to the discretion of the district court.
Betancourt contends that there was insufficient evidence to support the jury's guilty verdict. Therefore, we must consider whether there was sufficient evidence to support the jury's finding of guilt. See State v. Moore, 148 Idaho 887, 893–94, 231 P.3d 532, 538–39 (Ct.App.2010). Appellate review of the sufficiency of the evidence is limited in scope. A finding of guilt will not be overturned on appeal where there is substantial evidence upon which a reasonable trier of fact could have found that the prosecution sustained its burden of proving the essential elements of a crime beyond a reasonable doubt. State v. Herrera–Brito, 131 Idaho 383, 385, 957 P.2d 1099, 1101 (Ct.App.1998) ; State v. Knutson, 121 Idaho 101, 104, 822 P.2d 998, 1001 (Ct.App.1991). We will not substitute our view for that of the trier of fact as to the credibility of the witnesses, the weight to be given to the testimony, and the reasonable inferences to be drawn from the evidence. Knutson, 121 Idaho at 104, 822 P.2d at 1001; State v. Decker, 108 Idaho 683, 684, 701 P.2d 303, 304 (Ct.App.1985). Moreover, we will consider the evidence in the light most favorable to the prosecution. Herrera–Brito, 131 Idaho at 385, 957 P.2d at 1101; Knutson, 121 Idaho at 104, 822 P.2d at 1001.
In order to convict a defendant of possession of a controlled substance, the state does not have to establish actual physical possession of the substance, but need only prove that the defendant had such dominion and control over the substance to establish constructive possession. State v. Segovia, 93 Idaho 594, 598, 468 P.2d 660, 664 (1970). What is crucial to the state's proof is a sufficient showing of a nexus between the accused and the controlled substance. State v. Fairchild, 121 Idaho 960, 969, 829 P.2d 550, 559 (Ct.App.1992). Knowledge of the existence of controlled substances may be inferred through circumstances. State v. Clayton,
101 Idaho 15, 16, 607 P.2d 1069, 1070 (1980).
The state presented evidence that Betancourt was the only occupant of the vehicle at the time of the traffic stop, had recently been sleeping and riding in the passenger's compartment where the methamphetamine was found, appeared nervous during his encounter with the officer, provided a confusing and incredible explanation for his whereabouts prior to the stop, and failed a blood test for methamphetamine. Viewing all of the evidence presented at trial in a light most favorable to the state, we...
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