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State v. Campbell1/5/2001
brief is also without merit.
Sufficiency of Evidence
Having determined that Campbell's appeal is properly before this court, we now address Campbell's claim that the district court erred in determining that the evidence was sufficient to find her guilty beyond a reasonable doubt. Campbell first contends that no one told her she was to leave the tow lot premises and that therefore there is insufficient evidence to support the trespassing conviction. However, since both Mitchell and Novy testified that Mitchell told Campbell to leave the premises and that Campbell refused, the evidence was sufficient to find Campbell guilty of trespass.
[7-9] With regard to the possession charge, Campbell asserts there was insufficient foundation for Brazda to testify that the substance he found in Campbell's purse was marijuana. This argument is also without merit. Whether a witness is qualified as an expert is a preliminary question for the trial court. State v. Stahl, 240 Neb. 501, 482 N.W.2d 829 (1992). A trial court is allowed discretion in determining whether a witness is qualified to testify as an expert, and unless the court's finding is clearly erroneous, such a determination will not be disturbed on appeal. Norman v. Ogallala Pub. Sch. Dist., 259 Neb. 184, 609 N.W.2d 338 (2000). See, also, Stahl, supra. A person may qualify as an expert by virtue of either formal training or actual practical experience in the field. Stahl, supra.
A law enforcement officer who has practical experience, received training, or participated in drug investigations involving the identification of marijuana may testify as to whether a substance in question is marijuana. Stahl, supra; State v. Hoxworth, 218 Neb. 647, 358 N.W.2d 208 (1984). Brazda testified that he had received specialized training in detection of controlled substances and had acted as an undercover narcotics officer, both of which involved the identification of marijuana. Through Brazda'a training and experience, he had observed marijuana and had observed the manner in which marijuana is used. The trial court's determination that there was sufficient foundation for Brazda to testify that the cigarette found in Campbell's purse was marijuana was not clearly erroneous.
On the charge of resisting arrest, Campbell claims that "the testimony is in conflict as to the timing of the announcement of the Appellant's arrest." Brief for appellant at 9. Campbell further claims Novy testified that "she did not hear the officers once tell the Appellant to stop resisting." Id. These claims are also meritless. Both Novy and the two officers testified that Campbell was told prior to the officers' attempts to handcuff Campbell that she was under arrest. Furthermore, Novy did not testify as to whether the officers told Campbell to stop resisting; she simply testified that she was not sure what the officers said to Campbell because "there was a lot of yelling."
Contrary to Campbell's assertions, the evidence clearly shows that Campbell resisted handcuffing and struggled with the officers after she had been informed that she was under arrest. This evidence is sufficient to support Campbell's conviction for resisting arrest. See State v. Blair, 230 Neb. 775, 433 N.W.2d 518 (1988) (evidence that defendant struggled, resisted handcuffing, and that it took 10 to 15 minutes to arrest defendant is sufficient to support conviction for resisting arrest).
Finally, Campbell claims that because the officers' conduct instigated Campbell's conduct, Campbell cannot be found guilty of obstructing a peace officer. Evidence showing that a defendant resisted handcuffing, struggled with an officer, and continued to resist restrain
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