State v. Ingleright, 16161
| Decision Date | 04 January 1990 |
| Docket Number | No. 16161,16161 |
| Citation | 782 S.W.2d 147 |
| Parties | STATE of Missouri, Plaintiff-Respondent, v. Douglas C. INGLERIGHT, Defendant-Appellant. |
| Court | Missouri Court of Appeals |
S. Dean Price, Asst. Public Defender, Springfield, for defendant-appellant.
Eric Hutson, Asst. Pros. Atty., Lebanon, for plaintiff-respondent.
In this court-tried case, defendant Douglas C. Ingleright was convicted of possessing drug paraphernalia in violation of § 195.020.2, RSMo 1986. Defendant's punishment was assessed at confinement in the county jail for 30 days. He appeals, challenging the sufficiency of the evidence to support the judgment of conviction. We affirm.
On October 18, 1987, Trooper Douglas Schultz was patrolling Interstate Highway 44 in Webster County. While he was driving west, Trooper Schultz observed two eastbound vehicles traveling at an extremely high rate of speed. Trooper Schultz estimated the speed of the two vehicles to be about 100 miles per hour. Schultz crossed the median, gave chase and overtook the two automobiles as they entered Laclede County. Schultz was able to stop the lead vehicle, but was unable to intercept the second. The second automobile was a blue Buick equipped with Michigan license plates. Schultz contacted patrol headquarters by radio and asked for assistance in stopping the Buick. Schultz "gave a description and the license number" of the Buick.
Trooper Michael Cooper was on patrol in Lebanon when he received a radio call instructing him to assist Trooper Schultz. Cooper drove west on Interstate 44 and located the Buick near Phillipsburg. Cooper stopped the vehicle and asked the driver for his driver's license. The driver identified himself as the defendant and admitted he had been speeding. He also told Cooper that the vehicle was registered in the name of his "girlfriend and roommate."
Cooper asked the defendant to consent to a search of the Buick. The defendant consented, both orally and in writing. Cooper began his search of the vehicle near the driver's seat. He found a white plastic tray with "burn marks" on it and some seeds which appeared to be marijuana seeds in the carpet which covered the floorboard. Cooper smelled the burn marks and found that "they smelled like the odor [of] marijuana smoke." Cooper thereupon placed the defendant under arrest and gave him the warning required by Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966). Cooper contacted Trooper Schultz to advise him that a small amount of controlled substance had been found in the defendant's automobile, and continued the search.
Further search disclosed that there were 40 hypodermic syringes (in a sack) in the trunk of the automobile. Further search produced a pharmaceutical bottle which was marked phenobarbital, a plastic box containing a small amount of what appeared to be marijuana and a plastic wrapper which contained blotter paper.
As noted, the defendant has briefed a single point. He asserts that the evidence is insufficient to support the judgment of conviction. Specifically, the defendant contends there was no evidence that he intentionally, knowingly or willfully possessed any drug paraphernalia. The trial court's finding of guilt has the force and effect of a jury verdict and we must affirm the judgment if it is supported by substantial evidence. Rule 27.01(b); State v. Giffin, 640 S.W.2d 128, 130 (Mo.1982).
Section 195.020.2, RSMo 1986, provides in pertinent part that:
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State v. Mishler, 19848
...knowledge can be proved by circumstantial evidence. State v. Barber, 635 S.W.2d 342, 343 (Mo.1982). Defendant cites State v. Ingleright, 782 S.W.2d 147, 149 (Mo.App.S.D.1990), for the proposition that "conscious possession requires something more than the presence of the accused in the auto......
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State v. Stolzman, 16777
...however, is factually close enough to the instant case to be controlling. The instant case is factually closer to State v. Ingleright, 782 S.W.2d 147 (Mo.App.1990), and State v. Ingleright, 787 S.W.2d 826 (Mo.App.1990), two cases that arose from one incident. The accused was driving an auto......
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State v. Villa-Perez
...Though, defendant asserts he had neither control nor possession (constructive or actual) of the marihuana, in State v. Ingleright, 782 S.W.2d 147 (Mo.App.1990), mere presence in an automobile registered to a second party which contained drug paraphernalia was held insufficient to establish ......
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State v. Ingleright, 16113
...For the reasons which follow, this court holds that the evidence is sufficient to support the conviction. In State v. Ingleright, 782 S.W.2d 147 (Mo.App.1990), mentioned in footnote 2, this court affirmed defendant's conviction for possession of drug paraphernalia which consisted of the syr......