PEOPLE OF MI V TERRELL SIMMONSAnnotate this Case
STATE OF MICHIGAN
COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN,
June 12, 1998
LC No. 96-001242
Before: Hood, P.J., and Markman and Talbot, JJ.
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.
/s/ Harold Hood
/s/ Stephen J. Markman
/s/ Michael J. Talbot