State v. Francois

|! JOHNSON,

Justice dissenting, assigning reasons.

In the instant case, this Court found that the Court of Appeal erred in reversing defendant’s conviction for possession of heroin with intent to distribute, and reinstated the conviction. I respectfully disagree with the finding that the State presented sufficient evidence to prove that the defendant possessed the requisite intent necessary to warrant a conviction under La. R.S. 40:966(A). The majority decision severely curtails the enumerated factors established to determine whether circumstantial evidence is sufficient to establish specific…