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STATE OF MICHIGAN
COURT OF APPEALS


PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, v COREY LAMONT MCCANTS, Defendant-Appellant.

UNPUBLISHED January 6, 1998

No. 200513 Kalamazoo Circuit Court LC No. 96-000042 FH

Before: Griffin, P.J.,and Markman and Whitbeck, JJ. MEMORANDUM. A circuit court jury convicted defendant as charged of possession with intent to deliver less than fifty grams of cocaine, MCL 333.7401(1) and (2)(a)(iv); MSA 14.15(7401)(1) and (2)(a)(iv). Defendant received a sentence of lifetime probation. Defendant appeals as of right. We affirm. To support a conviction for possession with intent to deliver less than fifty grams of cocaine, it is necessary for the prosecutor to prove four elements: (1) that the recovered substance is cocaine, (2) that the cocaine is in a mixture weighing less than fifty grams, (3) that defendant was not authorized to possess the substance, and (4) that defendant knowingly possessed the cocaine with the intent to deliver. People v Wolfe, 440 Mich 508, 516-517; 489 NW2d 748 (1992), amended 441 Mich 1201 (1992). Viewing the evidence in a light most favorable to the prosecution, a rational trier of fact could have found that the essential elements of the crime charged were proven beyond a reasonable doubt where the officers observed defendant remove an individually packaged rock of crack cocaine from a baggie in his possession and deliver that cocaine to another person, and where, after a foot chase of defendant, the officers found a baggie containing forty-eight individually packaged rocks of crack cocaine lying three inches from defendant's footsteps in the freshly fallen snow, and no paraphernalia for drug use was found on defendant's person. Wolfe, supra at 515-517.

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Affirmed. /s/ Richard Allen Griffin /s/ Stephen J. Markman /s/ William C. Whitbeck

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