Rosell v. State

The defendant (appellant), in a trial to the jury, was convicted of Delivery of a Controlled Substance 1 and was sentenced to imprisonment for a period of twenty years, and a fine of $500. The sole issue presented by his appeal to this Court is the sufficiency of the evidence to support his conviction.

The defendant premises his argument against the sufficiency of the evidence upon the ground that a State’s witness, Leroy Davis, while under a grant of immunity, confessed that he, rather than the defendant, made the delivery of the controlled substance.

“When the sufficiency of the evidence is…