State v. Davis, CUM-96-91

Decision Date27 May 1997
Docket NumberNo. CUM-96-91,CUM-96-91
Citation695 A.2d 1183
PartiesSTATE of Maine v. Richard DAVIS.
CourtMaine Supreme Court

Andrew Ketterer, Attorney General, Lea-Anne Jameson, Asst. Atty. Gen., MDEA, Portland, for State.

Henry W. Griffin, Portland, for defendant.

Before WATHEN, C.J., and ROBERTS, GLASSMAN, CLIFFORD, and RUDMAN, JJ.

CLIFFORD, Justice.

¶1 Richard Davis appeals from the judgments entered in the Superior Court (Cumberland County, Cole, C.J.) following jury verdicts finding him guilty of two counts of aggravated trafficking or furnishing scheduled drugs in violation of 17-A M.R.S.A. § 1105 (Supp.1996). On appeal, Davis challenges the sufficiency of the evidence to support the verdicts and the admission of certain evidence. We affirm the judgments.

¶2 In February 1994, the Maine Drug Enforcement Agency (MDEA) instructed a confidential informant to enter Bubba's Sulky Lounge, located in Portland, and attempt to get someone to sell him drugs. Prior to entering the bar, the informant met with Special Agents Shawn O'Leary and Scott Durst. O'Leary was working undercover posing as a friend of the informant seeking to purchase drugs. Durst was acting as a safety or backup and was responsible for recording any conversations received from a body wire on the informant.

¶3 While the informant and O'Leary were in the bar, the informant made contact with Davis. Davis told the informant that he could get O'Leary an eight-ball of cocaine for $200 and that he "expected to be taken care of." At Davis's direction, the threesome drove to two Portland residences but were unsuccessful in locating the cocaine.

¶4 As they were returning to the bar, Davis saw Mark Johnson on the street. Davis and the informant got out of O'Leary's car and approached Johnson. Davis told Johnson that O'Leary was looking for an eight-ball and that Davis needed Johnson's assistance. Johnson stated that he could provide the cocaine and that although he no longer needed Davis's assistance, he would take care of Davis later. Johnson, O'Leary, and the informant then proceeded to a Portland residence where Johnson sold them an eight-ball of cocaine for $200. Subsequent to the transaction, the substance was tested and confirmed to be cocaine.

¶5 In May 1994, the informant met with Agent Durst for the purpose of purchasing heroin in a transaction that the informant had set up with Davis. The informant met with Davis who offered to sell him three or four bags of heroin for $30 to $40 per bag. The informant drove Davis to Davis's residence, gave him the money, and received the packages in return. The substance in the packages was subsequently identified as heroin.

¶6 Davis was charged in a two-count indictment with aggravated trafficking or furnishing scheduled drugs in violation of 17-A M.R.S.A. § 1105. Davis filed this appeal following a jury trial at which he was found guilty as to both counts.

I

¶7 Davis contends that because there was no evidence that he received any "consideration" for his alleged role in the cocaine transaction, insufficient evidence existed to find him guilty beyond a reasonable doubt of aggravated trafficking in schedule W drugs (Class A). 1 When reviewing challenges to the sufficiency of the evidence, we review the evidence in the light most favorable to the State to determine whether a factfinder"rationally could find beyond a reasonable doubt every element of the offense charged." State v. Marden, 673 A.2d 1304, 1311 (Me.1996) (quoting State v. Taylor, 661 A.2d 665, 668 (Me.1995)).

¶8 Title 17-A of the Maine Revised Statutes Annotated section 1103 provides in relevant part:

1. A person is guilty of unlawful trafficking in a scheduled drug if the person intentionally or knowingly trafficks in what the person knows or believes to be a scheduled drug and that is in fact a scheduled drug ...

2. Violation of this section is:

A. A Class B crime if the drug is a schedule W drug....

17-A M.R.S.A. § 1103 (Supp.1996). A person is guilty of aggravated trafficking or furnishing scheduled drugs pursuant to section 1105(1)(B) if the person violates section 1103, and at the time of the alleged offense, the person has been convicted of any offense under the chapter punishable by a term of imprisonment of more than one year. 17-A M.R.S.A. § 1105(1)(B)(Supp.1996). 2 Trafficking is defined as "[t]o sell, barter, trade, exchange or otherwise furnish for consideration." 17-A M.R.S.A. § 1101(17)(C) (1983).

¶9 Pursuant to the accomplice liability statute set forth in 17-A M.R.S.A. § 57(2)(C), (3)(A) (1983), a defendant is legally accountable for the conduct of another when the defendant aids such other person in committing the crime with the intent of facilitating the crime. State v. Mansir, 440 A.2d 6, 7 (Me.1982).

¶10 We reject Davis's contention that there is insufficient evidence to find him guilty of trafficking because he did not receive any considerations. To be held liable as an accomplice, Davis need not receive any consideration if consideration was received by someone and the elements of the crime are proven. 3 In State v. Cote, 444 A.2d 34, 37 (Me.1982), we noted that a defendant who phoned a supplier and ordered ten pounds of marijuana and some...

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2 cases
  • State v. George
    • United States
    • Maine Supreme Court
    • May 3, 2012
    ...ME 14, ¶ 15, 989 A.2d 712. To be convicted as a principal or an accomplice, “an individual need not be indicted as an accomplice.” State v. Davis, 1997 ME 115, ¶ 10 n. 3, 695 A.2d 1183;see State v. Allison, 427 A.2d 471, 474 (Me.1981) (holding “that it is unnecessary to cite [the accomplice......
  • State v. Carr
    • United States
    • Maine Supreme Court
    • November 24, 1997
    ...whether a fact-finder rationally could find beyond a reasonable doubt every element of the offense charged." State v. Davis, 1997 ME 115, p 7, 695 A.2d 1183, 1184. Contrary to defendant's assertion, there was sufficient evidence from which a jury could rationally conclude that defendant kne......

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