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State v. Johnson5/3/2005
Appellant John Eric Johnson argues that the evidence was insufficient as a matter of law to prove beyond a reasonable doubt that he formed a conspiratorial agreement to manufacture methamphetamine with another person. Appellant also contends that although the district court instructed the jury that its verdict must be unanimous, the district court committed plain error in failing to instruct the jury that it must unanimously decide which overt act was committed in furtherance of the conspiracy. Because the record shows that the district court did not err, we affirm.
FACTS
On February 6, 2002, Deputy Chris Johnson spoke to appellant's friend Nathaniel Smith at a property located at 13709 County Road 25 in Pope County. The property is owned by Elton Davis, Smith's uncle, and has on it a blue cabin and a pink cabin. After Deputy Johnson asked Smith about the pink cabin, Smith became "very nervous and fidgety" and "acted very edgy." Smith claimed the pink cabin was only used for storage. Deputy Johnson noticed, however, that an orange electrical cord connected the two cabins and a propane tank provided heat to the pink cabin. As Deputy Johnson approached the pink cabin, he detected a strong chemical smell consistent with methamphetamine manufacture.
The next day, law-enforcement officials searched the Davis cabins. In the pink cabin, law-enforcement officials recovered numerous items used in the production of methamphetamine, including glass jars, funnels, hoses, hot plates, blenders, acetone, salt, coffee filters, matchbooks, hydrogen peroxide, bore-scrubber solvent, Red Devil lye, and a turkey baster. Police also found syringes, a small scale, and garbage bags containing discolored coffee filters and pseudoephedrine blister packs. A liquid sample collected from the pink cabin later tested positive for methamphetamine.
During their search of the pink cabin, police recovered a cellular phone registered to appellant. Deputy Johnson found Smith's and Robert Wong's names in the cell phone memory and ultimately interviewed several individuals, including appellant.
Police interviewed appellant twice while he was in custody in Morrison County on charges of methamphetamine manufacturing and once after he was arrested on the Pope County charges. Appellant admitted that Wong taught him how to cook methamphetamine using the red phosphorus method. Appellant admitted he had been up to the Davis cabins at different times through November or December 2001. Appellant also admitted that he was aware that some people were manufacturing methamphetamine at the Davis cabins, but stated that he never participated. Appellant did not deny being in the pink cabin's attic when Deputy Johnson was present on February 6, 2002.
Appellant was charged with one count of conspiracy to commit a first-degree controlled-substance crime in violation of Minn. Stat. § 152.096, subd. 1 (2002), and Minn. Stat. § 152.021, subd. 2(a)(1) (2002), and one count of second-degree burglary in violation of Minn. Stat. § 609.582, subd. 2 (2002). At trial, appellant's alleged co-conspirator, Robert Wong, testified for the prosecution in exchange for a reduction in his sentence. Wong testified that appellant was manufacturing methamphetamine in the pink cabin upon Deputy Johnson's arrival at the Davis property on February 6, 2002. Wong further testified that appellant stashed his manufacturing materials in the cupboards and hid in the attic until Deputy Johnson left. Wong admitted to being a long-term methamphetamine user and manufacturer.
Wong further testified that he taught appellant how to cook methamphetamine using the red phosphorus method. After receiving Wong's ma
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