Wright v. State

CourtAlabama Court of Criminal Appeals
Writing for the CourtTYSON
Citation570 So.2d 872
PartiesJudith Evelyn WRIGHT v. STATE. CR 89-456.
Decision Date21 September 1990

Page 872

570 So.2d 872
Judith Evelyn WRIGHT
CR 89-456.
Court of Criminal Appeals of Alabama.
Sept. 21, 1990.

Page 873

James P. Graham, Jr. of Graham & Harrison, Phenix City, for appellant.

Don Siegelman, Atty. Gen., and Sandra Lewis, Asst. Atty. Gen., for appellee.

TYSON, Judge.

Judith Evelyn Wright was indicted for trafficking in marijuana in violation of § 13A-12-231, Code of Alabama 1975. She was found "guilty as charged in the indictment" and was sentenced to 14 years in prison. She contends that the trial court erred in denying her motion for judgment of acquittal because the State failed to prove a prima facie case of trafficking in marijuana.

Specifically, the appellant contends that the State failed to prove that she was in possession of marijuana in an amount in excess of one kilo or 2.2 pounds and less than 2,000 pounds in violation of § 13A-12-231.

The record reveals that Taylor Noggle, a criminalist for the Alabama Department of Forensic Sciences, testified to the weight of the marijuana as follows:

"Q Would you tell the ladies and gentlemen what tests were performed?

"A Well, the first thing that I did was to just, on an individual basis, remove the plant material from each of the bags that was spread out onto a clean piece of paper, large freezer wrap paper which we have on a roll, was spread out, examined visually. And then I made an examination of the plant material under a microscope, looking for certain microscopic characteristics of the marijuana plant. These are things such as short claw-shaped hairs which are present on the upper side of the leaf, a number of longer hairs on the bottom side of the leaf, the vein structure which is present on seeds which are on--or come from the marijuana plant. Also looking at the shape of the seeds.

I then determined the weight of the plant material contained in each of the individual bags, and then I performed two chemical tests on the plant material. The first called the Duquenois-Levine test and the second called thin layer chromatography.

"Q Okay. And based on your testing, were you able to form an opinion as to what was the contents of these bags?

"A Yes, I was.

"Q And what was your opinion?

"A It's my opinion that the plant material is marijuana. The total weight of that material is 8,997.3 grams, which converted to pounds is 19.77 pounds.

"Q Okay. Is marijuana a controlled substance?

"A Yes it is.

"Q The sample that you took, was that representative of the...

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2 cases
  • Presley v. State
    • United States
    • Alabama Court of Criminal Appeals
    • October 12, 1990
    ...exhibit 1 contained any excludable material. The defendant's motion for a judgment of acquittal was properly denied. Wright v. State, 570 So.2d 872 (Ala.Cr.App.1990); Day, 539 So.2d at 412-13. See also Higdon v. State, 527 So.2d 1352, 1354 (Ala.Cr.App.1988) (the forensic lab analyst testifi......
  • Ex parte Presley
    • United States
    • Supreme Court of Alabama
    • July 19, 1991
    ...exhibit 1 contained any excludable material. The defendant's motion for a judgment of acquittal was properly denied. Wright v. State, 570 So.2d 872 (Ala.Cr.App.1990); Day [v. State], 539 So.2d at 412-13 [Ala.Cr.App.1988]. See also Higdon v. State, 527 So.2d 1352, 1354 (Ala.Cr.App.1988) (the......

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