State v. Leon-Zazueta

• Decision Date: 30 December 2003
• Docket Number: (AC 23251).
• Citation: 836 A.2d 1273,80 Conn. App. 678
• Court: Connecticut Court of Appeals
• Parties: STATE OF CONNECTICUT v. GUADALUPE LEON-ZAZUETA

80 Conn. App. 678

836 A.2d 1273

STATE OF CONNECTICUT v. GUADALUPE LEON-ZAZUETA

(AC 23251).

Appellate Court of Connecticut.

Argued October 17, 2003.

Officially released December 30, 2003.

Lavery, C. J., and Dranginis and McLachlan, Js.

Peter A. Kelly, special public defender, for the appellant (defendant).

Toni M. Smith-Rosario, assistant state's attorney, with whom, on the brief, were Michael Dearington, state's attorney, and Eugene R. Calistro, Jr., assistant state's attorney, for the appellee (state).

Opinion

LAVERY, C. J.

The defendant, Guadalupe Leon-Zazueta, appeals from the judgment of conviction, rendered after a jury trial, of possession of narcotics with intent to sell by a person who is not drug-dependent in violation General Statutes § 21a-278 (b) and possession of narcotics in violation of General Statutes § 21a-279 (a). On appeal, the sole question is whether there was sufficient evidence for the jury to conclude that the defendant had constructive possession of the narcotics to support his conviction. We answer the question in the affirmative and, therefore, affirm the judgment of the trial court.

The jury reasonably could have found the following facts. The defendant lived in the third floor apartment of a three-family house on 133 Springdale Avenue in Meriden. He shared his apartment with his friend, Omar Ramos, Ramos' girlfriend, Norma Rodriguez, and Rodriguez's two young children. On August 1, 2001, before leaving for work, the defendant asked Rodriguez to sign for several packages he was expecting to arrive that day so that they could be received in his absence. The defendant did not inform Rodriguez of the contents of the packages. On July 30, 2001, two days prior to the defendant's conversation with Rodriguez, two detectives with the parcel interdiction team of the narcotics division of the San Bernardino County sheriff's department intercepted two suspicious packages while conducting a random parcel inspection at a Mail Boxes Etc. in Rancho Cucamonga, California. The packages were addressed to the defendant at 133 Springdale Avenue, Meriden, under the names "Guadalupe Leon" and "Lupita Leon." Finding a reasonable and articulable suspicion that the packages contained narcotics, the detectives inspected the packages with a drug sniffing canine that gave a positive alert on the two packages. The detectives obtained a search warrant and opened the packages. The packages contained a total of four pounds of a substance that tested positive for cocaine.

As part of a controlled delivery coordinated with state and federal authorities in Connecticut, the San Bernardino sheriff's department repackaged the cocaine. On August 1, 2001, an officer disguised as a delivery person took the two packages to the defendant's third floor apartment. Rodriguez answered the door and signed "G. Leon" for the packages, as the packages were addressed to the defendant. Rodriguez placed the packages unopened in an unlocked closet in the living room of the defendant's apartment. Within minutes of the delivery, the police entered the apartment. Finding only Ramos, Rodriguez and Rodriguez's two children, the police advised Ramos and Rodriguez of their Miranda¹ rights and placed them under arrest.

Police searched the defendant's apartment pursuant to a warrant and discovered, in addition to the two unopened packages that had been delivered by the officer, two cardboard boxes on the floor of the defendant's bedroom closet. One box had the remnant of a label showing most of the defendant's last name while the other box had the same Rancho Cucamonga zip code on it as was listed for the sender of the two packages involved in the controlled delivery. The search of the defendant's bedroom also uncovered a large knife with a blade longer than twelve inches, an open box of plastic sandwich bags, an open box of baking soda, a large pan and a professional mini digital scale, among other narcotics related items. On the same day as the controlled delivery, the defendant was informed of his rights and interviewed at his place of employment. He was informed that there would be a warrant for his arrest sought. He was arrested two days later. After his conviction, this appeal followed. Additional facts will be set forth as necessary.

The sole issue that the defendant raises on appeal is whether there was sufficient evidence produced at trial to show that he had the requisite possession of the cocaine that was mailed to his residence for the jury to convict him of possession of narcotics with intent to sell by a person who is not drug-dependent in violation § 21a-278 (b) and possession of narcotics in violation of § 21a-279 (a).² Specifically, the defendant argues that there was insufficient evidence to prove that he had constructive possession of the cocaine mailed to his residence. We are not persuaded.

At the outset, we set forth our standard of review. "In reviewing [a] sufficiency [of evidence] claim, we apply a two part test. First, we construe the evidence in the light most favorable to sustaining the verdict. Second, we determine whether upon the facts so construed and the inferences reasonably drawn therefrom the jury reasonably could have concluded that the cumulative force of the evidence established guilt beyond a reasonable doubt. . . . In this process of review, it does not diminish the probative force of the evidence that it consists, in whole or in part, of evidence that is circumstantial rather than direct. . . . It is not one fact, but the cumulative impact of a multitude of facts which establishes guilt in a case involving substantial circumstantial evidence. . . .

"While . . . every element [must be] proven beyond a reasonable doubt in order to find the defendant guilty of the charged offense, each of the basic and inferred facts underlying those conclusions need not be proved beyond a reasonable doubt. . . . If it is reasonable and logical for the jury to conclude that a basic fact or an inferred fact is true, the jury is permitted to consider the fact proven and may consider it in combination with other proven facts in determining whether the cumulative effect of all the evidence proves the defendant guilty of all the elements of the crime charged beyond a reasonable doubt. . . . Moreover, [i]n evaluating evidence that could yield contrary inferences, the [jury] is not required to accept as dispositive those inferences that are consistent with the defendant's innocence.. . . As we have often noted, proof beyond a reasonable doubt does not mean proof beyond all possible doubt . . . nor does proof beyond a reasonable doubt require acceptance of every hypothesis of innocence posed by the defendant that, had it been found credible...