PEOPLE OF MI V TERRELL SIMMONS

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STATE OF MICHIGAN COURT OF APPEALS PEOPLE OF THE STATE OF MICHIGAN, UNPUBLISHED June 12, 1998 Plaintiff-Appellee, v No. 198847 Recorder’s Court LC No. 96-001242 TERRELL SIMMONS, Defendant-Appellant. Before: Hood, P.J., and Markman and Talbot, JJ. MEMORANDUM. Defendant appeals as of right his conviction of possession of cocaine with intent to deliver, MCL 333.7401(2)(a)(iv); MSA 14.15(7401)(2)(a)(iv). The trial court sentenced defendant to lifetime probation. We affirm. Defendant’s sole argument on appeal is that there was insufficient evidence presented to support his conviction because one witness testified that defendant was not engaged in a drug transaction. When reviewing the sufficiency of the evidence in a criminal case, this Court must view the evidence in the light most favorable to the prosecution and determine whether a rational trier of fact could find that the essential elements of the crime were proven beyond a reasonable doubt. People v Wolfe, 440 Mich 508, 515; 489 NW2d 748 (1992), modified 441 Mich 1201 (1992). Questions of credibility are for the trier of fact. People v Velasquez, 189 Mich App 14, 16; 472 NW2d 289. Here, undercover officers saw defendant go to the passenger side window of a red Ford vehicle and receive an unspecified amount of money. Defendant then crossed the street and entered a tan Ford vehicle. He removed a portion of a white substance from a bag, returned the bag to the tan car and brought the portion of the substance to the red vehicle. Defendant was arrested with $341 in his possession. Packaged cocaine was found in plastic bags on the floor of the tan vehicle. In our judgment, this was sufficient evidence to convict defendant of possession with intent to deliver a controlled substance. MCL 333.7401(2)(a)(iv); MSA 14.15(7401)(2)(a)(iv); Wolfe, supra at 517. -1­ Affirmed. /s/ Harold Hood /s/ Stephen J. Markman /s/ Michael J. Talbot -2­

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