Jonas Jackson v. State of Indiana (mem. dec.)
33A05-1606-CR-1501
| Ind. Ct. App. | Dec 22, 2016Background
- Police executed a search warrant at a New Castle house and found Jackson in an upstairs bedroom/attic where he had been staying for days. Two other occupants were detained elsewhere in the house.
- On or next to Jackson were several small zip-lock baggies; one bag contained six tablets including one tablet that tested positive for oxycodone. Other narcotics (heroin and methamphetamine) were also recovered from the area.
- Near the bed and in Jackson’s possession: his cell phone, a plastic bag of empty small baggies, a backpack with syringes and additional empty baggies, two digital scales, and $1,196 in small-denomination bills wad in his pocket.
- Text messages recovered from Jackson’s phone included exchanges discussing selling "subs" and bag prices (e.g., $20 per bag), and other messages discussing drug quantities and pricing. A co-occupant told police he had seen Jackson with cash and believed Jackson was dealing.
- Jackson was charged with multiple counts including Count III: dealing in oxycodone (Level 5 felony). At trial the jury convicted him on all counts and the court imposed concurrent sentences, affirming a 10-year aggregate term.
Issues
| Issue | State's Argument | Jackson's Argument | Held |
|---|---|---|---|
| Whether evidence sufficed to prove Jackson possessed oxycodone with intent to deliver (Count III) | Cellphone texts, presence of multiple empty baggies, scales, syringes, large small-denomination cash wad, co-occupant’s statements and possession of oxycodone support an inference of intent to sell | Text messages referencing “subs” could mean suboxone, not oxycodone; possession of a single oxycodone pill is insufficient to prove intent to deliver | Conviction affirmed; circumstantial evidence and reasonable inferences supported finding of intent to deliver |
Key Cases Cited
- Jordan v. State, 656 N.E.2d 816 (Ind. 1995) (appellate review of sufficiency accepts reasonable inferences and does not reweigh evidence)
- Turner v. State, 878 N.E.2d 286 (Ind. Ct. App. 2007) (intent to deliver may be inferred from surrounding circumstances)