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Ingram v. State9/17/2004
ve held that "possession, quantity[,] and packaging of drugs are not necessarily sufficient, standing alone, to prove intent to deliver." [FN12] Intent to deliver, however, may be proven through "expert testimony, an admission by the defendant, or some other credible evidence." [FN13]
FN12. Cline v. State, 720 A.2d 891, 892 (Del.1998).
FN13. Id. at 893.
*3 11. The State attempted to establish Ingram's intent to deliver through the testimony of Talley, an experienced narcotics officer. Ingram maintains, however, that Talley's testimony was insufficient to establish intent to deliver. He claims that Talley focused primarily on the quantity of drugs seized, a characteristic legally insufficient to establish intent independently under our holding in Cline v. State. [FN14]
FN14. Id.; see also Corey Caldwell v. State, 770 A.2d 522, 535 (Del.2001) ("The State cannot establish intent to deliver merely by proving possession of a particular quantity of cocaine, but [it] may establish intent to sell exclusively through circumstantial evidence.") (quotation marks omitted).
12. Talley testified that "the amount of drugs and the location, mostly the amount, is more than personal use," leading him to conclude that "the drugs were used for delivery or trafficking." [FN15] Ingram also points to Talley's admission during cross-examination that he (Talley) did not know how the drugs were packaged in this case. Despite any deficiencies in the testimony, however, the other credible evidence presented was sufficient to convict Ingram. The quantity of cocaine, over twenty-seven grams; the digital scale containing cocaine residue, found under the driver's seat of Ingram's vehicle; the partially used roll of toilet paper found in the rear area, often used for packaging cocaine; and the $1,000 cash seized from Ingram at the time of his arrest all supported an intent to deliver the cocaine. Furthermore, Ingram's passenger had a small amount of cocaine wrapped in tissue in his pocket, circumstantial evidence of a recent delivery. Accordingly, sufficient testimonial and other credible evidence supported Ingram's possession with intent to deliver conviction.
FN15. Trial Tr. at 70.
NOW, THEREFORE, IT IS ORDERED that the judgment of the Superior Court is AFFIRMED.
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