from the District Court of the Third Judicial District of the
State of Idaho, Canyon County. Hon. James C. Morfitt,
judgment of the district court is affirmed.
Don Fredericksen, State Appellate Public Defender, Boise, for
Appellant. Sally J. Cooley argued.
Lawrence G. Wasden, Idaho Attorney General, Boise, for
Respondent. Jeffery D. Nye argued.
a jury trial, Richard Wilson was convicted of two counts of
aiding and abetting trafficking in methamphetamine. He now
appeals on the grounds that the State failed to present
sufficient evidence to support either conviction. For the
reasons stated, we affirm.
FACTUAL AND PROCEDURAL BACKGROUND
April 7, 2016, an undercover police officer arranged to meet
Regina Jones ("Jones") in a shopping center parking
lot to purchase two ounces of methamphetamine. Jones had
contacted the officer earlier that day offering to sell one
ounce of methamphetamine for $650 or two ounces for $1200.
The officer agreed to buy two ounces and made arrangements to
complete the sale at a public location around 6 p.m. Jones
informed the officer she would be in a white Ford Expedition
with the front hood open. When the officer arrived, he
located the Expedition and parked near it. Jones was in the
driver's seat of the Expedition, and a man-later
identified as Richard Wilson ("Wilson")-was
standing alongside it near the opened hood of the vehicle.
The officer texted Jones to tell her that he had arrived and
described the car he was in. Jones then exited the Expedition
and entered the officer's car to complete the sale. After
some conversation, Jones handed the officer a plastic bag
containing two smaller plastic bags, each containing a white
crystal substance, and the officer gave Jones $1200 cash. The
substance was later identified as methamphetamine.
Wilson had closed the hood and re-entered the Expedition on
the passenger side. Shortly after the exchange of the
methamphetamine and the cash, Jones exited the officer's
vehicle. The officer returned to the police station to verify
the substance and weigh the contents of the bags received
from Jones. The small bags each contained just under one
ounce of methamphetamine: 27.76 grams and 27.89
days later, on April 27, 2016, Jones and the undercover
officer met again to complete another methamphetamine sale.
This time Jones agreed to sell one ounce for $600 cash. Once
again, Jones and the officer met in a public place, this time
a restaurant parking lot, and Wilson accompanied Jones. When
they arrived, Wilson, who was driving, exited the Nissan,
opened the hood, and waited outside. The officer then texted
Jones, telling her that he was parked nearby. Jones exited
the car and entered the officer's vehicle. After some
conversation, Jones gave the officer a clear plastic bag
containing a white crystal substance and the officer gave
Jones $620 in pre-marked bills. Jones then exited the vehicle.
While Jones was in the officer's car, Wilson had lowered
the hood on the Nissan and re-entered it on the driver's
side. Both parties left the scene. The officer again returned
to the police station to weigh and identify the substance
received from Jones. The bag weighed 25.91 grams and the
substance it contained was positively identified as
that day another officer, responding to a call from dispatch,
pulled over the Nissan that Wilson and Jones were driving.
During the stop, the officer searched Wilson, the driver of
the vehicle, and discovered $600 cash in his front pants
pocket. The serial numbers on the bills obtained from
Wilson's pocket matched the serial numbers of the bills
given to Jones by the undercover officer earlier that day.
This money was seized by the officer and taken into evidence.
Several days later, on May 2, 2016, Wilson contacted the
police department about retrieving the money, which he
claimed he had received from work and family members.
Wilson was charged with two counts of aiding and abetting
Jones in trafficking methamphetamine in violation of Idaho
Code sections 18-204 and 37-2732B(a)(4): one count for the
April 7th sale (Count I) and one count for the April 27th
sale (Count II). A jury determined that Wilson was guilty of
both counts and he was later sentenced to concurrent unified
sentences of ten years, with three years fixed, and ordered
to pay restitution and mandatory minimum fines of $10, 000
per count. Wilson appeals.
STANDARD OF REVIEW
Court will uphold a judgment of conviction entered upon a
jury verdict so long as there is substantial evidence upon
which a trier of fact could conclude that the prosecution
proved all essential elements of the crime beyond a
reasonable doubt." State v. Kralovec, 161 Idaho
569, 572, 388 P.3d 583, 586 (2017) (internal quotations and
citation omitted). "Evidence is substantial if a
reasonable trier of fact would accept it and rely upon it in
determining whether a disputed point of fact has been
proven." State v. Smith, 161 Idaho 782, 790,
391 P.3d 1252, 1260 (2017) (internal quotations and citation
On appeal, where a defendant stands convicted, the evidence
is viewed in the light most favorable to the prosecution and
the reviewing court is precluded from substituting its
judgment for that of the jury as to the credibility of
witnesses, the weight of the ...