Case Caption: Nathan McIntosh v. People of the Virgin IslandsCase Number: S. Ct. Crim. No. 2008-0060Date: 11/29/2012Author: Hodge, Rhys S. Citation: Summary:

Considering defendant's appeal of his convictions and the sentences imposed for possession of a controlled substance with intent to distribute in violation of 19 V.I.C. §604(a)(1) and introduction of a narcotic into prison in violation of 14 V.I.C. § 666, there was sufficient evidence to support the conviction for possession of a controlled substance with intent to distribute, and that conviction is affirmed. The conviction for introduction of a narcotic into a prison is also affirmed, because 14 V.I.C. § 666 is not vague, is not unconstitutional, and was not impliedly repealed by the Controlled Substances Law, 19 V.I.C. § 591 et seq. Defendant also lacked standing to challenge 14 V.I.C. § 666 for vagueness. In addition, the defendant's sentence of three years imprisonment for a violation of 14 V.I.C. § 666 does not constitute cruel and unusual punishment within the intendment of the Eighth Amendment. However, because the People conceded that the two offenses under which the defendant was convicted were based on one singular act, the matter is remanded for the Superior Court to decide which conviction to stay or dismiss.

Attachment: Open Document or Opinion