Summary 2009 WY 119

Summary of Decision issued September 29, 2009

Summaries are prepared by Law Librarians and are not official statements of the Wyoming Supreme Court.

Case Name: Anderson v. State

Citation: 2009 WY 119

Docket Number: S-09-0005

Appeal from the District Court of Campbell County, the Honorable Dan R. Price, II, Judge.

Representing Appellant Anderson: Diane Lozano, State Public Defender, PDP; Tina Kerin, Appellate Counsel; David E. Westling, Senior Assistant Appellate Counsel.

Representing Appellee State: Bruce A. Salzburg, Wyoming Attorney General; Terry L. Armitage, Deputy Attorney General; D. Michael Pauling, Senior Assistant Attorney General; Jenny L. Craig, Assistant Attorney General.

Facts/Discussion: Anderson challenged her convictions on three counts of delivering marijuana to minors. She argued the State did not present sufficient evidence for the jury to conclude that she actually delivered the controlled substances to the minors.

Delivery can be accomplished by sharing or giving controlled substances to another. Testimony from the officers included the Appellant’s statement that she and the minors in the apartment had smoked marijuana that had come from her supply. The Court stated it was reasonable for the jury to conclude that Anderson had provided the marijuana to the minors.

Conclusion: The evidence supported the conclusion that Anderson supplied the marijuana. It was appropriate for the jury to conclude, based upon the evidence presented and the reasonable inferences which flowed from it, that the minors had smoked marijuana in the apartment that night and that Anderson provided it to them.

Affirmed.

J. Kite delivered the decision.

Link: http://tinyurl.com/yesr97a .

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