Chief Justice SUTTELL, for the Court.
A police surveillance operation at the intersection of Gallup Street and Gordon Avenue in Providence led to the conviction of the defendant, Geornando Vargas, for one count of delivery of a controlled substance. On appeal, the defendant argues that the trial justice erred by denying his motion for judgment of acquittal because the evidence presented by the state amounted to an improper pyramiding of inferences and therefore was legally insufficient to support the defendant's conviction. The defendant further argues that the trial justice erred by denying his motion for a new trial because the justice misconceived the testimony of one of the state's witnesses. This case came before the Supreme Court pursuant to an order directing the parties to appear and show cause why the issues raised in this appeal should not summarily be decided. After considering the parties' written and oral submissions and reviewing the record, we conclude that cause has not been shown and that this case may be decided without further briefing or argument. For the reasons set forth in this opinion, we affirm the judgment of the Superior Court.
On February 15, 2007, defendant was charged with delivering cocaine, a controlled substance, to Jose L. Andino, in violation of G.L.1956 § 21-28-4.01(a)(4)(i).
On October 13, 2006, after receiving numerous complaints of street-level drug activity in the area of Gallup Street and Gordon Avenue in Providence, members of the Providence Police Department conducted a surveillance operation in that area. Detectives Carlos Sical and Curt Desautels, both of whom were assigned to the Providence Police Department's Narcotics and Organized Crime Bureau, used a vacant third-floor apartment in a multifamily
Detective Sical testified that on October 13, 2006, at approximately eleven o'clock in the morning, he observed defendant standing in front of a market that was located at the intersection of Gallup Street and Gordon Avenue. According to the detective, as defendant was standing there, he was approached by Mr. Andino,
Not more than three minutes after receiving all this information from Det. Desautels, Sgts. Cassidy and Dwyer stopped Mr. Andino at the intersection of Lenox Avenue and Broad Street.
Ten to fifteen minutes after the exchange between defendant and Mr. Andino, police officers stopped the vehicle in which defendant was traveling as a passenger, removed defendant from the vehicle, and arrested him. The defendant was carrying $58.50 at the time of his arrest; no drugs, however, were found on his person or in the vehicle.
After the state rested, and again after the close of all evidence, defendant moved for judgment of acquittal. In doing so, defendant argued that the state's case against him was "based on a pyramiding of inferences." After the close of all evidence, the trial justice reviewed the evidence in the light most favorable to the state. He found that the state had presented sufficient evidence, by way of the testimony of the four police officers, to meet its burden on a motion for judgment of acquittal, and he accordingly denied defendant's motion.
On March 11, 2009, the jury found defendant guilty of delivery of a controlled substance.
After articulating the standard on a motion for a new trial, the trial justice reviewed all of the evidence in detail. The justice then assessed the credibility of the witnesses. He noted Det. Sical's experience in the area of narcotics investigations and the fact that "the actual delivery [was] observed, folded up money from Andino to the defendant and then * * * the clenched hands from the defendant to Andino." The trial justice found that all the state's witnesses were "reliable [and] credible"
Ultimately, the trial justice ruled that "the [s]tate * * * produced sufficient evidence which prove[d] beyond a reasonable doubt that the defendant committed the crime for which he had been convicted," and he accordingly denied defendant's motion for a new trial.
On June 5, 2009, the trial justice sentenced defendant to six years at the Adult Correctional Institutions, with six months to serve and the remainder suspended, with probation. The defendant filed notices of appeal on June 17 and June 24, 2009, and the judgment of conviction and commitment subsequently was entered on June 30, 2009.
The defendant first argues on appeal that the trial justice should have granted his motion for judgment of acquittal because the evidence presented by the state "amount[ed] to nothing more than an improper pyramiding of inferences" and therefore was "legally insufficient to support [defendant's] conviction." To support this argument, defendant points to the testimony of Det. Sical, who defendant says testified that "he did not actually see [defendant] give drugs to Mr. Andino," as well as to the testimony of Mr. Andino, who defendant says testified that "he obtained the drugs found in his possession from a source other than [defendant]." The state responds that the evidence presented in this case supports an inference of guilt, and that "it was eminently reasonable for the jury to infer that the cocaine was the subject of the transaction between the two men."
In reviewing the denial of a motion for judgment of acquittal, "we apply the same standard as that applied by the trial justice; namely, we `must view the evidence in the light most favorable to the state, * * * giving full credibility to the state's witnesses, and draw therefrom all reasonable inferences consistent with guilt.'" State v. Caba, 887 A.2d 370, 372 (R.I.2005) (quoting State v. Higham, 865 A.2d 1040, 1048 (R.I.2004)). "If the totality
"To find a defendant guilty of delivering a controlled substance[,] the state must prove beyond a reasonable doubt: (1) that there was an unlawful delivery of a controlled substance and (2) that defendant was the one who made the unlawful delivery." State v. Rodriguez, 742 A.2d 728, 732 (R.I.1999). At defendant's trial, the state presented the testimonies of four police officers, each of whom participated in the October 13, 2006 surveillance operation at the intersection of Gallup Street and Gordon Avenue, an area of Providence known to the police officers for street-level drug activity. One of the officers, Det. Sical, testified in detail about his observations of the interaction between defendant and Mr. Andino. He testified that the two men engaged in a brief conversation, after which Mr. Andino left, only to return a few minutes later. Detective Sical further testified that he then observed Mr. Andino approach defendant in a rushed manner and hand him currency, in return for which defendant handed something to Mr. Andino. Although Det. Sical admitted that he did not see what defendant handed to Mr. Andino, he testified that, based on the location and the secrecy of the transaction, as well as on his experience conducting drug investigations, he suspected that defendant handed Mr. Andino drugs. Further evidence adduced at trial established that minutes after this transaction took place, Mr. Andino was apprehended carrying a small bag of cocaine.
The state did not present evidence of anyone who had observed exactly what defendant may have handed to Mr. Andino. This Court unequivocally has made it clear, however, that the state can rest its entire case upon circumstantial evidence alone. State v. Simpson, 611 A.2d 1390, 1394 (R.I.1992); Caruolo, 524 A.2d at 581. In fact, "no distinction is to be drawn between circumstantial and direct evidence" because both "are equally probative of guilt." Caruolo, 524 A.2d at 581, 582. Given this, and upon our review of the record in this case in the light most favorable to the state, we are satisfied that the state produced sufficient evidence from which a reasonable juror could infer beyond a reasonable doubt that defendant unlawfully delivered a controlled substance to Mr. Andino.
The defendant argues that his motion for judgment of acquittal should have been granted because the state's case constituted "an improper pyramiding of inferences." The defendant's argument lacks merit. We previously have held that "it is possible for the state to prove guilt by a process of logical deduction, reasoning from an established circumstantial fact through a series of inferences to the ultimate conclusion of guilt." Caruolo, 524 A.2d at 581-82. It is only when, during this deduction process, "the initial inference in the pyramid rests upon an ambiguous fact that is equally capable of supporting other reasonable inferences clearly inconsistent with guilt," that "[t]he pyramiding of inferences * * * becomes speculative * * * and thus insufficient to prove guilt beyond a reasonable doubt." Id. at 582. Here, the state did not rest its case solely on the inference that defendant handed drugs to Mr. Andino, as defendant suggests. Rather, the state put forth evidence that Mr. Andino approached defendant in a rushed manner and handed him currency, and that defendant handed something to Mr. Andino in return. Although
The defendant's second contention on appeal is that the trial justice erred in denying his motion for a new trial because the justice misconceived the testimony of one of the state's witnesses. Specifically, defendant asserts that the trial justice incorrectly remarked that "the actual delivery [was] observed" by Det. Sical, whereas Det. Sical actually testified "that he never saw any drugs change hands." The state responds that "the trial justice set forth ample reason for his decision to deny the motion for a new trial" and did not "misconceive[] or overlook[] material evidence in doing so."
When ruling on a motion for a new trial, "the trial justice acts as a thirteenth juror and exercises independent judgment on the credibility of witnesses and on the weight of the evidence." State v. Prout, 996 A.2d 641, 645 (R.I.2010) (quoting State v. Bergevine, 942 A.2d 974, 981 (R.I.2008)). "[T]he trial justice must (1) consider the evidence in light of the jury charge, (2) independently assess the credibility of the witnesses and the weight of the evidence, and then (3) determine whether he or she would have reached a result different from that reached by the jury." Id. (quoting State v. Cerda, 957 A.2d 382, 385 (R.I.2008)); see also State v. Guerra, 12 A.3d 759, 765 (R.I.2011). The trial justice must deny the motion for a new trial "[i]f `the trial justice agrees with the jury's verdict or if the evidence is such that reasonable minds could differ as to the outcome.'" Prout, 996 A.2d at 645 (quoting Cerda, 957 A.2d at 385). However, if the trial justice does not agree with the jury's verdict, he or she must "embark on a fourth analytical step." Guerra, 12 A.3d at 765. This step requires the trial justice to "determine whether the verdict is against the fair preponderance of the evidence and fails to do substantial justice." Id. at 765-66 (quoting State v. Rivera, 839 A.2d 497, 503 (R.I.2003)). "If the verdict meets this standard, then a new trial may be granted." Id. at 766 (quoting Rivera, 839 A.2d at 503).
"This Court's review of a trial justice's decision on a motion for a new trial is deferential." Prout, 996 A.2d at 645. This is because a trial justice is "present during all phases of the trial, [and] is in an especially good position to evaluate the facts and to judge the credibility of the witnesses." Guerra, 12 A.3d at 766 (quoting State v. Texieira, 944 A.2d 132, 141 (R.I.2008)). Thus, when "the trial justice has articulated a sufficient rationale for denying a motion for a new trial, the decision will be given great weight" and we will disturb it only "if the trial justice has overlooked or misconceived material evidence relating to a critical issue or if the justice was otherwise clearly wrong."
Upon reviewing the record in this case, we are of the opinion that the trial justice did not misconceive the evidence when ruling on the defendant's motion for a new trial. Although the defendant asserts that the trial justice incorrectly remarked that "the actual delivery [was] observed" by Det. Sical, his assertion takes the trial justice's statement out of its proper context. At the hearing on the defendant's motion for a new trial, the trial justice remarked that "the actual delivery [was] observed, folded up money from Andino to the defendant and then * * * the clenched hands from the defendant to Andino." Simply put, this statement does not demonstrate any misconception by the trial justice of the evidence that was presented at trial. The "actual delivery" that the trial justice was referring to was Mr. Andino giving the defendant money, and the defendant giving Mr. Andino something with "clenched hands." The trial justice's observation was entirely consistent with Det. Sical's testimony. Furthermore, in rejecting the defendant's "pyramiding-of-inferences" argument, the trial justice explicitly acknowledged that the state drew an inference with respect to the nature of the exchange between the defendant and Mr. Andino. The trial justice reasoned, however, that "the jurors have a right to make inferences" and that the inferences in this case "[were] not that great." Thus, it is clear that the trial justice did not misconceive the evidence in this case. We hold, therefore, that the trial justice did not err in denying the defendant's motion for a new trial.
For the reasons set forth in this opinion, we affirm the judgment of the Superior Court. The record of the case shall be remanded to the Superior Court.
Justice INDEGLIA did not participate.