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Seeley v. State5/22/1998
sentenced, an affidavit in support of defendant's motion for acquittal signed by Seeley's trial counsel was inexplicably filed with the district court. In his affidavit, Seeley's trial counsel denied stipulating to Instruction No. 15. This timely appeal followed.
III. STANDARD OF REVIEW
We review Seeley's challenge to the sufficiency of the evidence by determining whether all the evidence presented is adequate to form the basis for a reasonable inference of guilt beyond a reasonable doubt by the finder of fact. Sutherland v. State, 944 P.2d 1157, 1160 (Wyo. 1997) (quoting Bloomquist v. State, 914 P.2d 812, 823-24 (Wyo. 1996)). We view the evidence in the light most favorable to the state, affording every inference to be reasonably and fairly drawn, and do not consider conflicting evidence presented by the unsuccessful party. Bloomquist, 914 P.2d at 823-24. Though it may be possible to draw other inferences, it is the responsibility of the jury to resolve such conflicts and we will not substitute our judgment for that of the jury. Our sole duty is to ascertain "whether a quorum of reasonable and rational individuals would, or even could, have come to the same result as the jury actually did." Id. at 824.
The admission or exclusion of evidence is within the sound discretion of the district court, and the district court's determination will not be disturbed absent a clear abuse of discretion. Fortner v. State, 932 P.2d 1283, 1286 (Wyo. 1997).
"A court does not abuse its discretion unless it acts in a manner which exceeds the bounds of reason under the circumstances. In determining whether there has been an abuse of discretion, the ultimate issue is whether or not the court could reasonably conclude as it did. An abuse of discretion has been said to mean an error of law committed by the court under the circumstances."
Id. (quoting Pearson v. State, 811 P.2d 704, 707 (Wyo. 1991)).
The question of whether a defendant had the right to be present at a specific phase of his trial is an issue of law and, as such, is subject to de novo review. United States v. Gomez, 67 F.3d 1515, 1528 (10th Cir. 1995), cert. denied, 516 U.S. 1060, 116 S.Ct. 737, 133 L.Ed.2d 687 (1996); Larson v. Tansy, 911 F.2d 392, 394 (10th Cir. 1990).
IV. DISCUSSION
A. ADMISSION OF EVIDENCE
Seeley claims the district court erred in permitting officers to testify that a "white residue" was seen on the mirror and the tray in the backpack. Prior to trial, the district court limited the officers' testimony to a physical description of the tray and mirror at the time of discovery, precluding any mention of the results of field tests which could not be confirmed. Seeley now asserts that the mere physical description of these items was unfairly prejudicial because it allowed the jury to improperly infer that the substance was cocaine, which in turn allowed the improper inference that the cocaine found in the backpack also belonged to the defendant.
Seeley correctly reminds us that the jury's inferences must be based on more than speculation and conjecture, and that we must guard against a conviction obtained by adding inference to inference. United States v. Jones, 44 F.3d 860, 865 (10th Cir. 1995). However, we do not find that testimony regarding the physical appearance of the tray and the mirror invited unwarranted conjecture. A permissible inference has been described as follows:
An inference is a process of reasoning by which a fact or proposition is deduced fairly and logically from other facts proven or admitted. An inference is truly evidence. The weight to which it is entitled depends upon t
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