State v. Whitfield
Annotate this CaseDefendant was charged with possession of a controlled substance with intent to distribute (Count 1), possession of a controlled substance (Count 2), possession of marijuana (Count 3), and possession of drug paraphernalia (Count 4). The circuit court granted Defendant’s motion for a judgment of acquittal with respect to Count 1. However, because the dismissed Count 1 was listed in the final jury verdict form, the jury found Defendant guilty of that charge. The jury also convicted Defendant of Count 2 and Count 4 and acquitted him of Count 3. The court imposed a penitentiary sentence for Count 2 after finding grounds to depart from a presumptive sentence of probation under S.D. Codified Laws 22-6-11. The Supreme Court affirmed but remanded for entry of an amended judgment, holding (1) the trial court did not abuse its discretion when it admitted two text messages suggesting that the sender wanted to obtain cocaine from Defendant; (2) the incorrect verdict form did not affect Defendant’s substantial rights or the outcome of the trial; and (3) the court did not err by finding aggravating circumstances justified a departure from the probationary sentence mandated by 22-6-11, but the dispositional order must be amended to include the aggravating circumstances considered.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.