State v. Drabek
| Decision Date | 15 May 2018 |
| Docket Number | No. ED 105240,ED 105240 |
| Citation | 551 S.W.3d 550 |
| Parties | STATE of Missouri, Respondent, v. James R. DRABEK, Appellant. |
| Court | Missouri Court of Appeals |
Richard B. Walsh, Jr., Evan Z. Reid, Edward T. Pivin, 600 Washington Avenue, Suite 2500, St. Louis, MO 63101, for appellant.
Joshua D. Hawley, Atty. Gen., Christine Lesicko, Asst. Atty. Gen., P.O. Box 899, Jefferson City, MO 65102, for respondent.
The defendant, James R. Drabek, appeals the judgment entered on a jury verdict finding him guilty of possessing methamphetamine, a controlled substance, in violation of Section 195.202 RSMo. Mr. Drabek challenges the sufficiency of the evidence to support his conviction. He contends the State failed to adduce sufficient evidence to prove that he knowingly possessed the methamphetamine. We agree with his contention and reverse his conviction.
Mr. Drabek was arrested after a search of his home in Doe Run, in Saint Francois County. Mr. Drabek lived alone in a mobile home that he rented. He had lived there for about eight years, and did not often have visitors. Five mobile homes were present on the property, and all but one were occupied at the time of Mr. Drabek’s arrest.
Four law-enforcement officers from the Mineral Area Drug Task Force arrived at Mr. Drabek’s home early one evening, without a warrant, to investigate an anonymous tip that an individual named "Jimbo" was manufacturing methamphetamine at the location of the mobile homes. As Trooper Sitton approached Mr. Drabek’s home, he heard footsteps and people running around inside the home. He also observed the doorknob move, as if someone was trying to lock it. Trooper Sitton knocked and announced himself, but no one answered the door. Trooper Sitton continued to hear footsteps and people moving around inside the home. He knocked several more times before Mr. Drabek answered the door. Mr. Drabek gave permission, orally and in writing, for the officers to enter and search his home because, in his words, he had "nothing to hide."
The officers removed Mr. Drabek and three visitors from the home, and began their search of the mobile home and surrounding area. Mr. Drabek remained outside the home during the search, entering the home only to answer questions. Trooper Sitton described Mr. Drabek as cooperative. The officers seized a number of items from inside and outside the home. Trooper Sitton explained at trial that all the seized items could be used in the consumption and manufacture of methamphetamine. From inside the home, officers seized: a roll of aluminum foil, folded aluminum foils, like those used for smoking methamphetamine, a deconstructed grinder with residue on it that tested positive for pseudoephedrine
, cold packs, hydrogen peroxide, drain cleaner, and a propane torch. From outside the home they seized: seven punched ether cans, lithium strips, battery hulls, and packaging for aquarium tubing. These items were all in a communal burn pile located behind Mr. Drabek’s home. Officers seized a can of Coleman fuel and a can of ether from a small metal shed to the side of the mobile home. They also found a purse on the front porch. Located inside that purse was an identification card for an individual named Andrea Douglass. Officers also found syringes, a spoon, and a eighteen-inch long cloth strip inside the purse. Ms. Douglas was the daughter of the woman who owned the property on which the mobile homes were located. She was not one of the three people present in the mobile home when the officers arrived. In addition to the items found in the home and surrounding property, officers also learned that Mr. Drabek had purchased pseudoephedrine eighteen times in the previous year, at more than one store.
Importantly, in searching the back porch of Mr. Drabek’s mobile home, officers found a small box containing two glass smoking pipes, three straws, two spoons, and two small plastic bags with residue inside. Testing showed the residue to be 0.30 grams of methamphetamine. Officers also seized a one-quart can of acetone and a one-gallon bottle of muriatic acid from the back porch. Trooper Sitton could not recall exactly, but thought it possible the acetone was found with paint and paint brushes that were present on the porch.
The State adduced no evidence describing the porch. Mr. Drabek described the porch as "partially a room." When asked if it was enclosed, he responded: According to Mr. Drabek, the porch was in the same condition at the time of the search as when he began living there. He explained that various items were already on the porch when he moved in, and had remained there throughout the entire time he had lived in the home. These items included the acetone and muriatic acid, which he said he never used. He also explained that other cans of solvent, paint, rollers, brushes, and "all kinds of stuff" were also on the porch when he took occupancy of the home. He testified that he had not yet cleaned off the porch, and that he had not yet had time to do anything with the porch. He also testified that he had never before seen the small box or its contents.
The State charged Mr. Drabek, in a seven-count indictment, with one count of possessing methamphetamine, one count of manufacturing methamphetamine, four counts of possessing a chemical with the intent to manufacture methamphetamine, and one count of possessing a methamphetamine precursor with the intent to manufacture methamphetamine. The State adduced scant evidence regarding the box that contained the methamphetamine residue. Instead the State adduced testimony and evidence about the manufacturing charges. Trooper Sitton did testify that a box containing pipes, straws, spoons, and plastic bags with residue was found on the back porch. And the criminalist from the state crime lab did testify that the residue inside the box was 0.30 grams of methamphetamine. But she could not tell how long the substance had been in the box. Although officers photographed each of the seized items in the location in which each was found, none of those photographs were available at trial.1 The box that had contained the methamphetamine was admitted into evidence.
In closing argument, the State discussed the box containing the methamphetamine two times, arguing first:
And the meth that was found ... was found in the box on the back porch. The defendant didn't want to admit to this meth. It was there. There is meth there. There is meth. What more is there to it? Count II, the defendant possessed meth. Okay. Again, the box.
And then later:
I want to ask you, again, to find James Drabek guilty. He simply cannot account for all these things. ... He can't account for why there’s meth residue in a box on his back porch. He’s refused to acknowledge it. The fact is it was there. It contained meth.
In rebuttal argument, after defense counsel argued that no evidence existed showing that Mr. Drabek knew that methamphetamine was in the box, the State pondered:
He lived there for years, and he didn't know if there was a box on his back porch containing meth?
The jury found Mr. Drabek guilty of possessing methamphetamine, and acquitted him on all other counts. The trial court denied Mr. Drabek’s post-trial motions and sentenced Mr. Drabek to six years' imprisonment. Mr. Drabek now appeals, claiming that the State failed to adduce sufficient evidence that he knowingly possessed the methamphetamine.
When a criminal defendant challenges the sufficiency of the evidence to support a conviction, this Court’s review is limited to determining whether the State introduced sufficient evidence for any reasonable juror to have been convinced of the defendant’s guilt beyond a reasonable doubt. State v. Nash, 339 S.W.3d 500, 508-09 (Mo. banc 2011). In conducting this review, this Court disregards all evidence and inferences contrary to the judgment. Id. at 509. We accept as true all evidence favorable to the State, as well as all logical inferences that may be reasonably drawn from the evidence. Id. ; State v. O'Brien , 857 S.W.2d 212, 216 (Mo. banc 1993), This Court does not reweigh the evidence, nor do we act as a "super juror" with veto powers. Nash, 339 S.W.3d at 509. Rather, we determine whether, given the evidence most favorable to the State, any rational fact-finder could have found the essential elements of the crime beyond a reasonable doubt. Id. However, this Court "may not supply missing evidence or give the State the benefit of unreasonable, speculative or forced inferences." State v. Clark , 490 S.W.3d 704, 707 (Mo. banc 2016) (internal quotation omitted).
The State charged Mr. Drabek with possessing a controlled substance, in violation of Section 195.202. Correspondingly, the trial court instructed the jury to find Mr. Drabek guilty if it found beyond a reasonable doubt that on or about May 9, 2012, in St. Francois County, Missouri, Mr. Drabek possessed methamphetamine, a controlled substance, knowing of its presence and nature.
Section 195.202 prohibits a person from possessing or having under his or her control a controlled substance. To sustain a conviction for possession of a controlled substance, the State must prove the following two elements: (1) conscious and intentional possession of the substance, either actual or constructive; and (2) awareness of the presence and nature of the substance. State v. Fuente, 871 S.W.2d 438, 442 (Mo. banc 1994). The possession element and the knowledge element are not entirely independent, in that both require proof of the defendant's knowledge of the presence of the controlled substance. State v. Purlee, 839 S.W.2d 584, 587 (Mo. banc 1992) ; State v. Anderson , 386 S.W.3d 186, 190 (Mo. App. E. D, 2012). "Possession without...
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State v. Welch
...2009) ) (some alterations in original). "[B]oth possession and knowledge may be proved by circumstantial evidence." State v. Drabek , 551 S.W.3d 550, 556 (Mo.App. 2018). "We employ the same analysis when reviewing the question of whether [Defendant] possessed drug paraphernalia as when dete......
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State v. Hollowell
... ... we do not remand for a new trial. The double-jeopardy clause ... of the United States Constitution precludes a second trial ... after a reversal based solely on insufficiency of the ... evidence. State v. Drabek, 551 S.W.3d 550, 561 (Mo ... App. E.D. 2018). We therefore remand and direct the trial ... court to enter a judgment of acquittal ... Angela ... T. Quigless, Judge and Collen Dolan, Judge concur ... --------- ... Notes: ... [ 1 ] All ... ...
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State v. Berwaldt
...rather than Berwaldt merely being in proximity to the controlled substance and paraphernalia. Berwaldt also cites State v. Drabek , 551 S.W.3d 550 (Mo. App. E.D. 2018). In Drabek , the defendant's conviction was reversed because there was insufficient evidence he possessed the methamphetami......
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State v. Gehring
...(internal quotation marks omitted). "[B]oth possession and knowledge may be proved by circumstantial evidence." State v. Drabek , 551 S.W.3d 550, 556 (Mo. App. E.D. 2018). Missouri courts "employ the same analysis when reviewing the question of whether [a defendant] possessed drug paraphern......