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Possession with Intent to Deliver — Sufficiency of Evidence, Proof of Intent

State v. Sheldon C. Stank, 2005 WI App 236
For Stank: Dennis P. Coffey

Issue/Holding:

¶45      We further reject Stank’s argument that insufficient evidence existed to support the “intent to deliver” element of count two. According to Peasley v. State, 83 Wis. 2d 224, 229, 231-32, 265 N.W.2d 506 (1978), the finder of fact may consider many factors indicative of intent to deliver, including the amount of the controlled substance, its dollar value, and the presence of other drugs and drug paraphernalia. Numerous of these factors supported the verdict in this case. …

 

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