People v. Gasaway

1

PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, v. MICHAEL JOE GASAWAY, Defendant-Appellant.

No. 358666

Court of Appeals of Michigan

December 21, 2023

UNPUBLISHED

Oscoda Circuit Court LC No. 20-001715-FH

Before: RIORDAN, P.J., and MURRAY and M. J. KELLY, JJ.

PER CURIAM.

A jury found defendant guilty of possession of methamphetamine, MCL 333.7403(2)(b)(i), operating a motor vehicle with a suspended license, MCL 257.904(1); MCL 257.904(3)(a), and operating an unregistered vehicle, MCL 257.215. Defendant appeals as of right, arguing that there was insufficient evidence to support his possession of methamphetamine conviction. We affirm.

ANALYSIS

A. STANDARD OF REVIEW

We review challenges to sufficiency of the evidence de novo "view[ing] the evidence in the light most favorable to the prosecution to determine whether a rational trier of fact could have found the essential elements of the crime to have been proved beyond a reasonable doubt." People v Meissner, 294 Mich.App. 438, 452; 812 N.W.2d 37 (2011). The prosecution does not need to "negate every theory consistent with innocence, but is obligated to prove its own theory beyond a reasonable doubt, in the face of whatever contradictory evidence the defendant may provide." People v Chapo, 283 Mich.App. 360, 363-364; 770 N.W.2d 68 (2009). "The standard of review is deferential: a reviewing court is required to draw all reasonable inferences and make credibility choices in support of the jury verdict." People v Nowack, 462 Mich. 392, 400; 614 N.W.2d 78 (2000). It is for the trier of fact, not this Court, to determine what inferences can fairly be drawn from the evidence and what weight should be accorded to such inferences. People v Hardiman, 466 Mich 417, 428; 646 N.W.2d 158 (2002). Finally, we review de novo the interpretation and application of statutes. People v Comer, 500 Mich. 278, 287; 901 N.W.2d 553 (2017).

B. DISCUSSION

Defendant's sole contention on appeal is that the prosecution failed to present evidence to prove beyond a reasonable doubt that he possessed methamphetamine.

The Due Process Clauses of the United States and Michigan Constitutions guarantee a criminal defendant's right to due process of law and a fair trial. U.S. Const, Am XIV; Const 1963, art 1, § 17. "The sufficient evidence requirement is a part of every criminal defendant's due process rights." People v Wolfe, 440 Mich. 508, 514; 489 N.W.2d 748 (1992), amended 441 Mich. 1201 (1992). Possession of methamphetamine is governed by MCL 333.7403, which provides, in relevant part:

(1) A person shall not knowingly or intentionally possess a controlled substance . . . unless the controlled substance . . . was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of the practitioner's professional practice, or except as otherwise authorized by this article.

(2) A person who violates this section as to:

(b) Either of the following:

(i) A substance described in [MCL 333.7212(1)(h)] or [MCL 333.7214(c)(ii)^[1] is guilty of a felony punishable by imprisonment for not more than 10 years or a fine of not more than $15,000.00, or both.

When a defendant is charged with possession of methamphetamine, "the prosecution must prove that the defendant knowingly or intentionally possess[ed] methamphetamine." People v Baham, 321 Mich.App. 228, 247; 909 N.W.2d 836 (2017) (quotation marks omitted; alteration in original). Possession of a controlled substance may take several forms:

A person need not have actual physical possession of a controlled substance to be guilty of possessing it. Possession may be either actual or constructive. Likewise, possession may be found even when the defendant is not the owner of recovered narcotics. Moreover, possession may be joint, with more than one person actually or constructively possessing a controlled substance. [Hardiman, 466 Mich. at 421 (quotation marks and citation omitted).]

"[B]ecause it can be difficult to prove a defendant's state of mind on issues such as knowledge and intent, minimal circumstantial evidence will suffice to establish the defendant's state of mind, which can be inferred from all the evidence presented." People v Kanaan, 278 Mich.App. 594, 622; 751 N.W.2d 57 (2008).

The evidence presented to the jury revealed that defendant's vehicle was stopped because he was swerving and Conservation Officer Michael Pullum suspected defendant was intoxicated. Defendant passed an alcohol-specific sobriety test but failed two sobriety tests for other intoxicating substances, which suggested the presence of a controlled substance like methamphetamine. Officer Pullum's search of the vehicle revealed two syringes and a scale that contained substances that tested positive for methamphetamine, as well as a pouch with an empty syringe and a glass pipe, which is commonly used when smoking substances. The passenger in defendant's vehicle, Samantha Populis, told Officer Pullum that the syringes belonged to her and defendant and would test positive for methamphetamine. Populis also indicated that she and defendant had obtained and used methamphetamine together that evening. Moreover, her testimony suggested that defendant asked her to lie for him about his innocence by writing letters on his behalf, which provided evidence that defendant was aware he was guilty of the charged crimes. See People v Schaw, 288 Mich.App. 231, 237; 791 N.W.2d 743 (2010). The prosecution was not required to show that defendant personally owned the objects that contained methamphetamine; rather, the prosecution was required to show merely that defendant possessed methamphetamine, whether that be actual, joint, or constructive possession. The presence of methamphetamine in the vehicle, defendant's failed sobriety tests, and Populis's testimony were sufficient to support the jury finding beyond a reasonable doubt that defendant knowingly or intentionally possessed methamphetamine.

According to defendant, even if he knew his vehicle contained methamphetamine, the liquid substance found in the syringes was too miniscule to be visible to the naked eye and therefore, was an...