State v. Julie Long
61 A.3d 439
| R.I. | 2013Background
- In Oct. 2008 Long rented 5 Hillside Drive in Exeter for a marijuana grow operation run with Hodzic and Belenkii.
- DEA investigated a Canada-based marijuana trafficking network; surveillance and wiretaps linked Hillside Drive to the operation.
- February 2009 she directed placement of grow equipment; Belenkii and Hodzic procured supplies and moved them to Hillside Drive.
- Plants were cultivated in the basement and a second-floor bedroom; 173 plants, equipment, and other paraphernalia were seized during a June 2009 search.
- Long was charged in Feb. 2010 with possession with intent to deliver, manufacturing/cultivating marijuana, plus weapon-related counts later dismissed; she testified she had no involvement.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for manufacturing/cultivation | Long contends evidence does not prove production or cultivation by her. | Long argues she did not participate in the grow operation or know of it. | Sufficient evidence supported conviction |
| Sufficiency of evidence for aiding/abetting | Long denies participation as aider/abettor; insufficient shared intent. | Long asserts no aiding/abetting liability given lack of presence at the grow. | Evidence supported aiding/abetting liability |
| Properness of aiding and abetting jury instruction | Long claims instruction was improper or confusing. | Long argues the instruction misstates participation theory. | Instruction proper; not reversible error |
Key Cases Cited
- State v. Davis, 877 A.2d 642 (R.I. 2005) (11-1-3 eliminates principal/aider distinction; participation not element)
- State v. Heredia, 10 A.3d 443 (R.I. 2010) (standard for reviewing judgment of acquittal)
- State v. Sivo, 925 A.2d 901 (R.I. 2007) (reversal available if jury could have been misled by instructions)
- State v. Medeiros, 599 A.2d 723 (R.I. 1991) (trial court must instruct on raised issues)
- State v. Ensey, 881 A.2d 81 (R.I. 2005) (standard that jury instructions adequately cover the law)
