State v. Corsi

• Decision Date: 01 September 2004
• Docket Number: No. 03-0978.,03-0978.
• Citation: State v. Corsi, 686 N.W.2d 215 (Iowa 2004)
• Parties: STATE of Iowa, Appellee, v. Randy Lee CORSI, Appellant.
• Court: Iowa Supreme Court

686 N.W.2d 215

STATE of Iowa, Appellee, v. Randy Lee CORSI, Appellant.

No. 03-0978.

Supreme Court of Iowa.

September 1, 2004.

Rehearing Denied October 28, 2004.

Herbert Rogers, Sr. of Rogers Law Offices, P.C., Des Moines, for appellant.

Thomas J. Miller, Attorney General, Kevin Cmelik, Assistant Attorney General, Thomas J. Ferguson, County Attorney, and Brad Walz, Assistant County Attorney, for appellee.

TERNUS, Justice.

The defendant, Randy Corsi, appeals his conviction and sentence for conspiracy to manufacture methamphetamine. He claims (1) the evidence does not support his conviction, (2) his trial counsel rendered ineffective assistance, and (3) a sentencing enhancement was improperly applied to his term of imprisonment. We find no merit in these claims with the exception of the propriety of the sentencing enhancement. Therefore, we affirm the defendant's conviction, vacate his sentence, and remand this case for resentencing without the enhancement.

I. Background Facts and Proceedings.

Shortly after midnight on December 5, 2002, police officers investigating the reported smell of ammonia at a city residence observed through a basement window of the residence what appeared to be an active methamphetamine lab. The officers saw a man sitting on a stool with drug apparatus at his feet, apparently boiling ingredients for methamphetamine. This man was described by some officers as balding and by others as wearing a flannel shirt. Due to the overwhelming fumes, the police decided it was necessary to intervene immediately, so they forced their way into the basement apartment.

The officers removed six persons from the apartment, including the defendant. Corsi was the only occupant who matched the description of a balding man wearing a long-sleeved flannel shirt. After obtaining consent for a search, the police found multiple items throughout the apartment consistent with methamphetamine manufacturing. A search of the defendant revealed lithium batteries, coffee filters, a needle, and two marijuana pipes with marijuana residue. The coffee filters "had an odor about them" and the officer confiscating them thought they were "probably chemically soaked."

Corsi was charged with manufacturing or conspiracy to manufacture more than five grams of methamphetamine in the presence of a minor, in violation of Iowa Code sections 124.401(1)(c)(6) and 124.401C (2001); multiple counts of possession of precursors of methamphetamine, in violation of section 124.401(4); and possession of marijuana, in violation of section 124.401(5). He was also alleged to be a habitual offender under section 902.8. In a subsequent jury trial, the defendant was found guilty of the conspiracy offense, but was acquitted of all other charges. After Corsi's motion for new trial and motion in arrest of judgment were overruled, he was sentenced to an indeterminate term of thirty years in prison with a ten-year minimum, in addition to a $5000 fine and license revocation.

On appeal, the defendant claims there was insufficient evidence to support his conviction, specifically with respect to his personal agreement to participate in the manufacturing operation. He also asserts he received ineffective assistance from his trial counsel in two ways: (1) failure to object to erroneous jury instructions; and (2) failure to conduct a reasonable investigation. Finally, Corsi contends the application of the sentencing enhancement for manufacturing methamphetamine in the presence of a minor under section 124.401C(1) was improper and resulted in an illegal sentence. We will separately address each issue.

II. Sufficiency of the Evidence.

A. Scope of review. If the jury's verdict is supported by substantial evidence, it is binding on the court. State v. Speicher, 625 N.W.2d 738, 740 (Iowa 2001). Therefore, our review is for correction of errors at law. Id.

"Evidence is substantial if it could convince a rational jury of the defendant's guilt beyond a reasonable doubt." Id. at 741. If it only raises suspicion or speculation, it is not substantial. Id. In assessing the sufficiency of the evidence, we consider all the evidence in the record, but we view the record in the light most favorable to the State. Id.

B. Elements of conspiracy offense. Section 124.401(1) makes it a crime "for any person to ... conspire with one or more other persons to manufacture, deliver, or possess with the intent to manufacture or deliver a controlled substance." Iowa Code section 706.1 defines conspiracy as follows:

1. A person commits conspiracy with another if, with the intent to promote or facilitate the commission of a crime which is an aggravated misdemeanor or felony, the person does either of the following:

a. Agrees with another that they or one or more of them will engage in conduct constituting the crime or an attempt or solicitation to commit the crime.

b. Agrees to aid another in the planning or commission of the crime or of an attempt or solicitation to commit the crime.

2. It is not necessary for the conspirator to know the identity of each and every conspirator.

3. A person shall not be convicted of conspiracy unless it is alleged and proven that at least one conspirator committed an overt act evidencing a design to accomplish the purpose of the conspiracy by criminal means.

4. A person shall not be convicted of conspiracy if the only other person or persons involved in the conspiracy were acting at the behest of or as agents of a law enforcement agency in an investigation of the criminal activity alleged at the time of the formation of the conspiracy.

Based on these statutes, the State was obligated to prove that (1) Corsi agreed with one or more persons to manufacture or attempt to manufacture methamphetamine or assist another in planning or committing this crime; (2) Corsi entered into the agreement with the intent to manufacture or promote the manufacture of methamphetamine; (3) one or more of the conspirators committed an overt act in furtherance of the manufacturing of methamphetamine; and (4) at least one of the co-conspirators was not a law enforcement agent or working with law enforcement when the conspiracy began. See Speicher, 625 N.W.2d at 741. The defendant claims the evidence was insufficient to establish the first element—that Corsi agreed with another to manufacture or attempt to manufacture methamphetamine, or agreed to assist another in planning or committing this offense. He asserts the evidence merely showed he "walked in on the manufacturing activities" of others.

C. Discussion. Since a conspiracy is by nature clandestine, it will often rest upon circumstantial evidence and inferences drawn from that evidence. See State v. Ross, 573 N.W.2d 906, 914 (Iowa 1998) (holding evidence of an agreement may be direct or circumstantial). Thus,

"[a]n agreement that, because of its purpose or the means contemplated, amounts to a conspiracy need not be formal or express, but may be a tacit understanding; the agreement may be inherent in and inferred from the circumstances, especially declarations, acts, and conduct of the alleged conspirators. "

State v. Casady, 597 N.W.2d 801, 805 (Iowa 1999) (emphasis added) (citation omitted). On the other hand, circumstantial evidence that proves mere presence at the scene of the crime or association with those involved in the crime is not sufficient to show an agreement. Speicher, 625 N.W.2d at 742. We will indulge in "`[a]ll legitimate inferences arising reasonably and fairly from the evidence'" to support a verdict of conspiracy. Casady, 597 N.W.2d at 804-05 (citation omitted).

Turning to the record, we find the testimony of multiple police officers that they observed a balding man or a man in a long-sleeved flannel shirt cooking methamphetamine. Although each officer observed different aspects of this individual's appearance, the officers all agreed that the only person removed from the apartment minutes after these observations who matched their combined description was the defendant. In addition, two officers testified that when the occupants were removed from the apartment they recognized Corsi as the individual they had seen actively engaged in the cooking process. The fact that the officers only saw the individual in the apartment for a short period of time or that they did not identify in their individual written reports that the defendant was the man they saw through the window were circumstances the jury was free to consider in determining what weight to give to the officers' testimony. See State v. Grimme, 338 N.W.2d 142, 146 (Iowa 1983) (stating "the credibility of the witnesses and weight of the evidence were for the jury to determine").

In addition to the officers' testimony was the uncontroverted fact the apartment was not Corsi's residence. His presence in the apartment, cooking methamphetamine, supports an inference that he had permission from—an agreement with—the apartment's residents to engage in this illegal activity. The existence of an agreement can also be inferred from the testimony of Douglas Fintel, who lived in the apartment and stated to the police that "he knew it was wrong that he let them cook in the apartment, but [due to] his addiction ... he let it happen." Furthermore, the defendant's possession of lithium batteries and coffee filters, both items essential to the manufacturing process, is an additional fact indicating the defendant had agreed to participate in the manufacturing operation. See State v. Weatherly, 679 N.W.2d 13, 18 (Iowa 2004) (rejecting challenge to sufficiency of evidence to prove agreement where the bottom half of a plastic pop bottle containing a coffee filter was found in the defendant's pocket).

The defendant points to the testimony of Bruce Fuller who said he went to the apartment that night after having called and received permission from an unidentified person to make methamphetamine there. Prior to Fuller's arrival, Corsi and Cheryl Refshauge,...