BECKWITH, Associate Judge:
After a two-day bench trial, Superior Court Judge Harold Cushenberry found
Earl Workman was driving home from work when a police cruiser pulled him over after its three occupants, Metropolitan Police Department officers Bryan Cox, Jason Romlein, and James Chastanet, observed him using a mobile phone while he was driving. Officer Cox, the driver of the police car, approached the driver's side of Mr. Workman's car while Officer Chastanet approached the passenger's side. After Mr. Workman provided his driver's license and registration to Officer Cox, Officer Chastanet noticed "a glass bottle" that "appeared to be a tequila bottle" behind the driver's seat. Officer Romlein testified that he saw the tequila bottle too, and that "[w]hen [he] first saw it, it was standing up and you could clearly see that it was partially empty."
After Mr. Workman was removed from his car and handcuffed, police searched the vehicle for "[a]dditional contraband that would have coincided with the open container of alcohol," such as "cups, flasks, other open containers of alcohol," but found nothing besides the bottle with the tequila label that Officer Chastanet had observed. Officer Cox testified that he saw the bottle but that he "didn't examine it" and "didn't pick it up and look at it." The bottle was not taken into evidence, and at trial the government admitted photographs of the bottle on the floor of the car's back seat. The label on the bottle indicated that the tequila was "(80 proof) 40% alcohol by volume."
The trial court denied Mr. Workman's motion for judgment of acquittal on the POCA count, though it noted that "there certainly could be an argument that you might put something other than tequila in a tequila bottle, and sometimes I do have in connection with these type of offenses
The Due Process Clause of the U.S. Constitution prohibits a criminal conviction unless the government establishes guilt of the essential elements of an offense beyond a reasonable doubt. In re Winship, 397 U.S. 358, 361-62, 90 S.Ct. 1068, 25 L.Ed.2d 368 (1970). This standard of proof beyond a reasonable doubt "is not merely a guideline for the trier of fact" but "also furnishes a standard for judicial review of the sufficiency of the evidence." Rivas v. United States, 783 A.2d 125, 134 (D.C.2001) (en banc). When addressing a challenge to the sufficiency of the government's evidence of an offense, we consider the evidence in the light most favorable to the government in determining whether any rational trier of fact could have found that the essential elements of the crime were proven beyond a reasonable doubt. Jackson v. Virginia, 443 U.S. 307, 316-20, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979); Speight v. United States, 671 A.2d 442, 454 (D.C.1996). "Slight evidence is not sufficient evidence," and "[t]he requirement of proof beyond a reasonable doubt `means more than that there must be some relevant evidence in the record in support of each essential element of the charged offense.'" Swinton v. United States, 902 A.2d 772, 776 n. 6 (D.C.2006) (quoting Rivas, 783 A.2d at 134).
To establish Mr. Workman's guilt of the POCA charge, the government had to prove that he "possessed in an open container an alcoholic beverage" in "[a] vehicle in or upon any street, alley, park, or parking area." D.C.Code § 25-1001(a)(2). The D.C.Code defines "alcoholic beverage" as "a liquid or solid, patented or not, containing alcohol capable of being consumed by a human being." D.C.Code § 25-101(5) (2012 Repl.). "The term `alcoholic beverage' shall not include a liquid or solid containing less than one-half of 1% of alcohol by volume." Id.; see also Derosiers v. District of Columbia, 19 A.3d 796, 799 (D.C.2011).
Mr. Workman argues that the evidence introduced at trial was insufficient to prove that he was in possession of an open container of alcohol because the government "failed to provide any credible evidence that the bottle contained alcohol." The government counters that the bottle's label was sufficient circumstantial evidence
We agree with Mr. Workman that in the circumstances of this case, the tequila label alone was insufficient evidence to sustain Mr. Workman's POCA conviction. Although the bottle's label indicated an alcohol content of 40 percent, the record is devoid of other evidence that the liquid found in the open container was, in fact, the tequila indicated on the label or any other kind of liquor. None of the officers testified that the substance in the tequila bottle smelled or tasted like alcohol. Police did not seize the bottle, and there was no evidence that any officer opened or inspected it. The officers found no cups, flasks, or other alcohol in the car, and there was no evidence that Mr. Workman had been drinking or appeared intoxicated.
The government correctly points out that the alcohol-content element can be proved by circumstantial evidence, including "the judgment of police officers who testified, based on their experience and good-faith sensory observations, as to the identity of an allegedly alcoholic beverage." Derosiers, 19 A.3d at 799-800. We have accordingly held that an officer's "knowledge, gained from experience, of the taste of whisky" was sufficient to prove that a beverage contained whisky. Stagecrafters Club v. District of Columbia, 89 A.2d 876, 879 (D.C.1952). And we have upheld a POCA conviction based on an officer's "sense of smell ... combined with the significant circumstantial evidence that appellant had been recently drinking." Derosiers, 19 A.3d at 801.
An experienced officer's testimony that a beverage smelled or tasted like alcohol is far more probative of what was actually in the bottle at the time police witnessed the alleged offense than a label, which, although solid proof of what was in the container when it was bottled and sold, reveals much less about what the bottle contained after it was opened and found its way to a heap of personal items in the back seat of a car. See, e.g., B.B. v. State, 117 So.3d 442, 444 (Fla.Dist.Ct.App.2013) (deeming a label to be insufficient to prove alcohol content).
The government argues that Bernard v. United States, 575 A.2d 1191 (D.C.1990), in which we affirmed the appellant's drug possession convictions based on circumstantial evidence that the contraband he sold was in fact marijuana, compels affirmance of Mr. Workman's POCA conviction. In that case, the appellant was observed selling plastic packets out of a brown paper bag. Id. at 1192. Although the packets he sold were not tested, police seized the brown paper bag and the remaining packets were found, after chemical analysis, to contain usable amounts of marijuana. Id. at 1194. We explained that
Id.
Here, unlike in Bernard, no additional circumstantial evidence corroborated the officers' hunch that the bottle contained tequila, and the possibility that the bottle contained something besides alcohol is far less remote than in Bernard. Although a factfinder need not rule out every reasonable hypothesis consistent with innocence in order to convict, "[o]n the skimpy record before us, we conclude that a reasonable trier of fact could not find beyond a reasonable doubt" that the liquid in the bottle "was more than .5% alcohol by volume." Reid, 980 A.2d at 1136-37.
We reverse Mr. Workman's POCA conviction and affirm the Superior Court's judgment in all other respects.
So ordered.