State v. Wilkins, 208 N.C. App. 729

On Jan. 17, 2008, Wilkins was stopped by Officer Bunt due to outstanding warrants; he was the sole occupant and identified as Wilkins.
A search revealed 1.89 grams of marijuana in three small bags in his pocket; Wilkins testified he bought it for personal use.
Officer Bunt also found $1,264 in cash in Wilkins' possession; Wilkins claimed most of it was bail bond money and a cashed check.
Wilkins was charged with felonious possession of marijuana with intent to sell or deliver (PWISD) and the jury convicted him of PWISD.
The trial court sentenced him to a suspended 6–8 month term with 36 months of supervised probation; on appeal, Wilkins challenged the denial of his motion to dismiss PWISD.
The appellate court agreed and vacated the PWISD conviction, remanding for entry of judgment on simple possession.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether there was substantial evidence of intent to sell or deliver.	State contends packaging and cash support an inference of intent.	Wilkins contends the small amount and lack of other incriminating circumstances negate intent to sell.	No substantial evidence of intent; need to remand for simple possession.

State v. Robinson, 355 N.C. 320 (2002) (standard for denying a motion to dismiss—substantial evidence required)
State v. Brown, 310 N.C. 563 (1984) (definition of substantial evidence; reasonable inferences)
State v. Butler, 356 N.C. 141 (2002) (evidence may support guilt even if innocence is also plausible)
State v. Tisdale, 153 N.C.App. 294 (2002) (reasonable inferences may send case to jury)
State v. Nettles, 170 N.C.App. 100 (2005) (packaging and amount as indicators of intent to distribute)
In re I.R.T., 184 N.C.App. 579 (2007) (totality of circumstances; multiple factors considered)
State v. Williams, 71 N.C.App. 136 (1984) (packaging evidence of small quantities as an indicator of intent)
State v. McNeil, 165 N.C.App. 777 (2004) (conviction supported by distribution evidence from multiple small pieces)
State v. Carr, 122 N.C.App. 369 (1996) (presence of quantity and packaging as proof of intent)
State v. Gooch, 307 N.C. 253 (1982) (remedial handling of lesser included offenses when applicable)