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Drew County drug conviction upheld Thursday, Oct 25, 2007 Arkansas News Bureau LITTLE ROCK - A California man Wednesday lost his appeal of drug convictions and a 90-year prison sentence. The state Court of Appeals affirmed Kendrick Darrough's convictions in Drew County Circuit Court on charges of possession of cocaine and marijuana with intend to deliver. Darrough, of Oakland, Calif., was arrested Jan. 24, 2005, after a tip led state drug enforcement agents to stop his vehicle. Officers found three small containers of cocaine and nearly 90 bags of marijuana in the vehicle. In his appeal, Darrough argued there was not enough evidence to support the convictions. The appeals court unanimously rejected the argument. "To convict Darrough of possessing drugs, the state was only required to show that he exercised control or dominion over the bag of drugs," Judge Brian S. Miller wrote. "It is clear that the state met this burden by showing that Darrough held the bag of drugs in his hands. He then threw the bag to the ground and informed the officers that "this is what you're looking for," Miller said. "... The jury did not have to resort to speculation or conjecture to conclude that Darrough possessed both marijuana and cocaine, and that he intended to deliver the contraband." |
