Page:Jones v. State, 357 Ark. 545 (2004).pdf/3

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Ark.]
Jones v. State
Cite as 357 Ark. 545 (2004)

547
  1. court concluded that the 883.9 milligrams constituted a usable amount under Harbison.
  2. EVIDENCE–MEASURABLE AMOUNT OF METHAMPHETAMINE FOR PURPOSE OF INFERRING INTENT–POSSESSION OF MORE THAN 200 MILLIGRAMS OF METHAMPHETAMINE FOUND SUFFICIENT TO MEET TEST OF SUFFICIENCY OF EVIDENCE.–In Piercefield v. State, 316 Ark. 128, 871 S.W.2d 348 (1994), the supreme court decided that, under Ark. Code Ann. § 5-64-401(a)(1)(i) (Supp. 2003), the "measurable amount of the methamphetamine for the purpose of inferring intent includes the amount of the pure drug plus all adulterants"; the court then held that appellant's possession of more than 200 milligrams of methamphetamine was sufficient to meet the test of sufficiency of the evidence.
  3. EVIDENCE–APPELLANT HERE POSSESSED 883.9 MILLIGRAMS OF METHAMPHETAMINE COMPOUND–MOTION FOR DIRECTED VERDICT PROPERLY DENIED.–Appellant possessed 883.9 milligrams of the methamphetamine compound, an amount that greatly exceeded the 200 milligrams of a methamphetamine compound that the court found sufficient in Piercefield; thus, the trial court did not err in denying appellant's motion for directed verdict on the methamphetamine-possession charge.
  4. CRIMINAL LAW–DRUG PARAPHERNALIA–SYRINGES.–Syringes are drug paraphernalia when in close proximity to methamphetamine.
  5. CRIMINAL LAW–MOTION FOR DIRECTED VERDICT ON PARAPHERNALIA CHARGE PROPERLY DENIED–EVIDENCE WAS OF SUFFICIENT FORCE OR CHARACTER TO COMPEL REASONABLE MINDS TO REACH CONCLUSION & PASS BEYOND SUSPICION & CONJECTURE.–The officer testified that during his pat-down search of appellant, he discovered a syringe in appellant's front pants pocket, a narcotics detective assigned to the Drug Enforcement Administration Task Force, testified that the syringe is most commonly used to inject methamphetamine, and on cross-examination, the detective testified that there was no residue in the syringe that would indicate that it had yet been used; under Ark. Code Ann. Code Ann. § 5-64-101(v)(11) (Repl. 1977), a syringe is deemed as drug paraphernalia when it is intended to be used to inject a controlled substance; additionally, under Ark. Code Ann. § 5-64-101(v), the syringe in appellant's pocket was in close proximity to the methamphetamine found in the
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