State v. Robertson

Decision Date04 October 1996
Citation680 So.2d 1165
Parties96-1048 La
CourtLouisiana Supreme Court

PER CURIAM.

Granted in part; denied in part. The due process standard of review in Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979) does not provide appellate courts with a vehicle for substituting their appreciation of the evidence for that of the factfinder. State v. Lubrano, 563 So.2d 847, 850 (La.1990). Testimony by the state's expert that he had never seen anyone purchase 12 grams of cocaine, worth approximately $1200 to $2400 on the street, for personal use only, together with evidence that the defendant had over $700 in cash on his person when arrested, gave jurors a rational basis for inferring that the defendant intended to distribute the cocaine. See State v. Daniels, 614 So.2d 97, 112 (La.App. 2nd Cir.), writ denied, 619 So.2d 573 (La.1993). The Due Process Clause therefore does not require reducing the jury's verdict to simple possession of cocaine. La.C.Cr.P. art. 821(C). The application is otherwise denied. To the extent that the defendant's conviction has been set aside for trial error only, the state may retry him for the charged offense. Cf., Burks v. United States, ...

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  • State v. Pontiff
    • United States
    • Court of Appeal of Louisiana — District of US
    • May 6, 2015
    ...the evidence for that of the fact-finder.” State v. Pigford, 05–477, p. 6 (La.2/22/06), 922 So.2d 517, 521 (citing State v. Robertson, 96–1048 (La.10/4/96), 680 So.2d 1165 ; State v. Lubrano, 563 So.2d 847, 850 (La.1990) ). The appellate court's function is not to assess the credibility of ......
  • State v. Ross
    • United States
    • Court of Appeal of Louisiana — District of US
    • March 13, 2019
    ...evidence for that of the fact-finder." State v. Pigford , 05-477, p. 6 (La. 2/22/06), 922 So.2d 517, 521 (citing State v. Robertson , 96-1048 (La. 10/4/96), 680 So.2d 1165 ; State v. Lubrano , 563 So.2d 847, 850 (La.1990) ). The appellate court's function is not to assess the credibility of......
  • State v. Davis
    • United States
    • Court of Appeal of Louisiana — District of US
    • December 4, 2013
    ...the evidence for that of the fact-finder.” State v. Pigford, 05–477, p. 6 (La.2/22/06), 922 So.2d 517, 521 (citing State v. Robertson, 96–1048 (La.10/4/96), 680 So.2d 1165;State v. Lubrano, 563 So.2d 847, 850 (La.1990)). The appellate court's function is not to assess the credibility of wit......
  • State v. Taylor
    • United States
    • Court of Appeal of Louisiana — District of US
    • October 24, 2007
    ...the appellate court with a vehicle to substitute its own appreciation of the evidence for that of the fact finder. State v. Robertson, 96-1048 (La.10/4/96), 680 So.2d 1165. The appellate court does not assess the credibility of witnesses or reweigh evidence. State v. Smith, 94-3116 (La.10/1......
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