Penalty Example for Possession With Intent to Distribute In Missouri
X was convicted of two counts of the class B felony of possession with intent to distribute, deliver or sell marijuana and cocaine, in violation of section 195.211.
The court sentenced X to seven years' imprisonment in the department of corrections on each count, to be served concurrently.
X appeals. the Court finding no error, affirmed the judgment and stated:
When reviewing a challenge to the sufficiency of the evidence, this Court accepts as true all of the evidence favorable to the state, including all favorable inferences drawn from the evidence. State v. Grim, 854 S.W.2d 403, 405 (Mo. banc 1993).
All evidence and inferences to the contrary are disregarded. Id. This Court does not weigh the evidence. Appellate review is limited to determining whether there is sufficient evidence from which a reasonable juror might have found the defendant guilty beyond a reasonable doubt. State v. Dulany, 781 S.W.2d 52, 55 (Mo. banc 1989).
In a case tried without a jury, the trial court's findings have the force and effect of the verdict of a jury. Rule 27.01(b).
The credibility and weight of testimony are for the fact-finder to determine. Dulany 781 S.W.2d at 55. the fact-finder may believe all, some, or none of the testimony of a witness when considered with the facts, circumstances and other testimony in the case. Id.