PEOPLE OF MI V KELLY LEE POWELL
Annotate this Case
Download PDF
STATE OF MICHIGAN
COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN,
UNPUBLISHED
June 29, 2004
Plaintiff-Appellee,
v
No. 246076
Oakland Circuit Court
LC No. 2002-185792-FH
KELLY LEE POWELL,
Defendant-Appellant.
Before: Griffin, P.J., and Cavanagh and Fort Hood, JJ.
MEMORANDUM.
Defendant appeals as of right from his jury conviction of possession of less than twentyfive grams of cocaine, MCL 333.7403(2)(a)(v), and operating a motor vehicle without a license,
MCL 257.904. We affirm.
Defendant’s sole issue on appeal is a challenge to the sufficiency of the evidence to
sustain his conviction for drug possession. At trial, defendant claimed that the police put the
cocaine into his jacket while he was being searched. He argued that the jury should have
inferred that he did not possess any drugs from the fact that he knew the police were observing
him, and he had time to discard any drugs he might have possessed.
This Court reviews the sufficiency of evidence de novo, considering the evidence in the
light most favorable to the prosecution to decide whether there was sufficient evidence to permit
a rational jury to conclude that the elements of the crime were proved beyond a reasonable
doubt. People v Johnson, 460 Mich 720, 722-723; 597 NW2d 73 (1999). Here, two police
officers testified that the cocaine they discovered was in defendant’s possession before they
searched him. A reasonable juror could weigh the testimony offered by the prosecution against
that of defendant and reach a conclusion, which this Court will not disturb. See People v Avant,
235 Mich App 499, 506; 597 NW2d 864 (1999).
Affirmed.
/s/ Richard Allen Griffin
/s/ Mark J. Cavanagh
/s/ Karen M. Fort Hood
-1-
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
