Commonwealth v. Johnson

782 A.2d 1040

COMMONWEALTH of Pennsylvania, Appellee, v. Kevin L. JOHNSON, Appellant.

Superior Court of Pennsylvania.

Submitted July 23, 2001.

Filed August 27, 2001.

Dale E. Klein, Harrisburg, for appellant.

James P. Barker, Asst. Dist. Atty., Harrisburg, for Com., appellee.

Before: CAVANAUGH, JOHNSON and HESTER, JJ.

CAVANAUGH, J.:

¶ 1 Appellant was tried before a jury and found guilty of possession of a controlled substance (crack cocaine) with intent to deliver. On appeal, he challenges the sufficiency of the evidence to sustain the conviction. We affirm.

¶ 2 The facts of record establish that on April 28, 2000, at approximately 1:30 a.m., appellant was observed by a Harrisburg police officer, who knew him to be on parole, in a high drug area exiting a bar. The officer approached appellant and conducted a consensual search. The officer found two glassine bags containing apparent crack cocaine in the right inside pocket of Johnson's jacket. When the officer announced that she was placing him under arrest, appellant attempted to flee but was apprehended by a second officer. In a subsequent search of appellant's person, the following was seized: seven additional glassine bags containing apparent crack cocaine; $86.00 in U.S. currency; and a beeper.

¶ 3 In a challenge to the sufficiency of the evidence, it must be viewed in the light most favorable to the verdict winner and all reasonable inferences must be drawn in favor of the verdict winner. Com. v. Aguado, 760 A.2d 1181, 1184-85 (Pa.Super.2000). In order to uphold a conviction for possession of narcotics with intent to deliver, the Commonwealth must prove beyond a reasonable doubt that the defendant possessed a controlled substance and did so with intent to deliver. Id. The intent to deliver may be inferred from an examination of the facts and circumstances surrounding the case. Id. Possession with intent to deliver can be inferred from the quantity of the drugs possessed and other surrounding circumstances, such as lack of drug paraphernalia. Com. v. Drummond, 2001 PA Super 122 ¶ 9, 775 A.2d 849.

¶ 4 The evidence introduced by the Commonwealth established that appellant was observed exiting a bar in a high drug area by an officer who knew that he was on parole. Pursuant to a consensual search, the police seized nine baggies containing a total of 1.8 grams of crack cocaine, $86 in cash, and a beeper. Detective William B. Jackson testified as an expert on behalf of the prosecution to his opinion that the appellant possessed the cocaine with intent to distribute based upon 1) the amount of cocaine in each bag as being worth approximately $20 to $25; 2) the propensity of a user to have $200 worth of cocaine in...