State v. Royster
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The Supreme Court affirmed Defendant's conviction of trafficking in cocaine by possession, holding that Defendant did not waive his sufficiency of the evidence argument and that the court of appeals' conclusion that the State failed to present substantial evidence that Defendant possessed 400 grams or more of cocaine is left undisturbed.
At issue on appeal was whether Defendant waived his sufficiency of the evidence argument by failing to raise it in the trial court and whether the trial court erred in denying Defendant's motion to dismiss based on insufficient evidence. The Supreme Court held (1) Defendant did not waive his sufficiency of the evidence argument; and (2) because the members of the Court were equally divided as to whether the State presented sufficient evidence to support Defendant's conviction the holding of the court of appeals stands affirmed without presidential value.
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