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State v. Truesdell5/12/2004
upon the defendant's possession of a gallon container of a chemical used to manufacture meth. Although the possession was highly suspicious, and the circumstances revealed the chemical was most likely going to be used to make illegal drugs, the court found the act of possessing the chemical reasonably indicated the defendant either intended to be involved in the manufacture of meth or intended to supply the product to another to use in the manufacture of meth. Id. at 674-75. Consequently, without additional evidence, the jury would have had to speculate to find intent to manufacture. Id. at 675.
In this case, Truesdell's possession of a large quantity of the cold relief products supports an inference that some person would use the product to manufacture meth, but there was no additional evidence to show he intended to use the product to manufacture meth. Without additional evidence of intent, the jury would have had to guess to reach the conclusion that Truesdell intended to manufacture meth. It was just as likely under the evidence that Truesdell intended for the product to end up in the hands of another person who would manufacture the meth. See id. Thus, we conclude that the possession of a large quantity of product, without additional evidence, either direct or circumstantial, is insufficient proof of intent to manufacture under the statute. There was no additional evidence in this case. Accordingly, we find there was insufficient evidence to support a conviction under section 124.401(4). As a matter of law, counsel was ineffective for failing to raise this issue and prejudice resulted.
VI. Conclusion
We affirm the judgment and sentence of the district court for OWI third offense driving while barred and theft in the fourth degree. We reverse the judgment and sentence for possession of a precursor with intent to manufacture, and remand for dismissal of the charge. The State failed to establish sufficient evidence to support the conviction of guilt under section 124.401(4).
DECISION OF COURT OF APPEALS VACATED; DISTRICT COURT JUDGMENT AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.
All justices concur except Carter and Larson JJ., who dissent.
CARTER, Justice (dissenting).
I dissent
I do not perceive a sufficient distinction between the facts of this case and the facts of State v. Heuser, 661 N.W.2d 157, 166 (Iowa 2003), to warrant a different result. In Heuser we held that intent to manufacture could be inferred from the possession of an unusually large amount of pseudoephedrine by one who also possessed lithium batteries that might be of use in the manufacturing process. Much emphasis was placed on the surreptitious manner in which these substances were acquired.
Guilty knowledge is equally inferable in the present case from the fact that the pseudoephedrine was brazenly ripped off in the store and quickly removed from the premises by a speeding automobile. The scenarios in the two cases are equally probative of intent to manufacture a prohibited controlled substance.
The alternative scenario, which the majority proposes as being equally probative, i.e., that the precursor was to be used by another in the manufacturing process, would have been equally plausible in the Heuser case. I would affirm the judgment of the district court.
Larson, J., joins this dissent.
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