State v. Turner

In State v. Turner, 168 N.C. App. 152, 156, 607 S.E.2d 19, 22-23 (2005), the State contended there was sufficient evidence to submit to the jury defendant's charge for possession of cocaine with intent to manufacture, sell, and deliver. Id. at 154, 607 S.E.2d at 21. However, the State's witness, Deputy R.T. Smith ("Deputy Smith"), testified that the quantity of the cocaine discovered was larger than what a person "normally" carries for personal consumption. Id. at 157, 607 S.E.2d at 23. In rejecting the evidence as a basis for the denial of defendant's motion to dismiss, this Court held: The State . . . presented no evidence of statements by defendant relating to his intent, of any sums of money found on defendant, of any drug transactions at that location or elsewhere, of any paraphernalia or equipment used in drug sales, of any drug packaging indicative of an intent to sell the cocaine, or of any other behavior or circumstances associated with drug transactions. The State's entire case rests only on a deputy's opinion testimony about what people "normally" and "generally" do. The State has cited no authority and we have found none in which such testimony -- without any other circumstantial evidence of a defendant's intent -- was found sufficient to submit the issue of intent to sell and deliver to the jury. Id. at 158, 607 S.E.2d at 24. In Turner, Deputy Smith's testimony was not as specific when he explained the amount of cocaine he discovered was simply an amount that was greater than what a person would "normally" carry for individual consumption. Id. at 157, 607 S.E.2d at 23. The Court held that Deputy Smith's testimony was insufficient to show the defendant's intent. Id. at 158, 607 S.E.2d at 24.