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680 So. 2d 1165

Docket No. 96-K-1048.

State v. Robertson

STATE of Louisiana v. Ray ROBERTSON.

Supreme Court of Louisiana

Decided October 4, 1996.

Supreme Court of Louisiana · decided 1996-10-04

Relies on Jackson v. Virginia · Burks v. United States · 563 So. 2d 847 - State v. Lubrano

Good law ✅— No negative treatment on recordhow we know

Decided 1996-10-04

How this case has been cited

Cited by 333 later decisions — most recently February 2019 · most notably 922 So. 2d 517 - State v. Pigford (2006), 3 So. 3d 685 - State v. Eason (2009)

333 state decisions

2150199620002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

¶1*1166 PER CURIAM.

¶2Granted in part; denied in part. The due process standard of review in Jackson v. Virginia,443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979) does not provide appellate courts with a vehicle for substituting their appreciation of the evidence for that of the factfinder. State v. Lubrano,563 So.2d 847, 850 (La.1990). Testimony by the state's expert that he had never seen anyone purchase 12 grams of cocaine, worth approximately $1200 to $2400 on the street, for personal use only, together with evidence that the defendant had over $700 in cash on his person when arrested, gave jurors a rational basis for inferring that the defendant intended to distribute the cocaine. See State v. Daniels,614 So.2d 97, 112 (La.App. 2nd Cir.), writ denied,619 So.2d 573 (La.1993). The Due Process Clause therefore does not require reducing the jury's verdict to simple possession of cocaine. La.C.Cr.P. art. 821(C). The application is otherwise denied. To the extent that the defendant's conviction has been set aside for trial error only, the state may retry him for the charged offense. Cf., Burks v. United States,437 U.S. 1, 98 S.Ct. 2141, 57 L.Ed.2d 1 (1978).

¶3CALOGERO, C.J., not on panel.

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