Criminal law — Sufficiency of the evidence — Possession with intent to distribute heroin
A jury in the Circuit Court for Cecil County convicted appellant, Ikiem Radon Smith (“Smith”), of possession with intent to distribute heroin and possession of drug paraphernalia. The trial court sentenced Smith to 10 years imprisonment on the possession with intent to distribute count, but imposed no sentence for the count charging possession of drug paraphernalia. The questions presented in this timely appeal as phrased by Smith, are: 1 1. Is the evidence sufficient to support appellant’s conviction for possession with intent to distribute heroin? 2. Did the court commit reversible error by allowing the prosecutor to reference appellant’s failure to testify, shift the burden of proof to the defense, and vouch for the State’s police-officer witnesses in closing and rebuttal closing argument? 3. Is the evidence sufficient to support appellant’s conviction for possession of drug paraphernalia where the sole basis for the paraphernalia charge was the plastic bag in which the drugs were located? For the reasons that follow, we …
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