Blockman v. State

11 S.W.3d 562, 69 Ark. App. 192, 2000 Ark. App. LEXIS 85
CourtCourt of Appeals of Arkansas
DecidedFebruary 23, 2000
DocketCA CR 99-892
StatusPublished
Cited by19 cases

This text of 11 S.W.3d 562 (Blockman v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Blockman v. State, 11 S.W.3d 562, 69 Ark. App. 192, 2000 Ark. App. LEXIS 85 (Ark. Ct. App. 2000).

Opinion

Andree LAYTON Roaf, Judge.

Curtis M. Blockman was convicted in a bench trial of possession of crack cocaine with intent to deliver, and he was sentenced as a habitual offender to 126 months in the Arkansas Department of Correction. On appeal, he argues that the evidence presented at trial was insufficient to support his conviction because he rebutted the presumption that his possession of four grams of crack cocaine was with the intent to deliver, and the trial court erred in fading to suppress physical evidence because it was seized pursuant to an impermissible war-rantless detention effected without reasonable suspicion of criminal activity and because the search that was conducted was more extensive in scope than is allowable under Terry v. Ohio, 392 U.S. 1 (1968) and Rule 3.4 of the Arkansas Rules of Criminal Procedure, and thus violated the Fourth Amendment. We affirm.

At Blockman’s suppression hearing, Blytheville police officer David Flora testified that on August 27, 1998, he received a phone call from a confidential informant with whom he had worked in the past and who had supplied information that had led to felony arrests and convictions. Officer Flora stated that prior to this case, the informant had supplied information twenty-six times, and the information had proven to be accurate twenty-three times.

The informant told Officer Flora that while he was in the vicinity of Eighth and Ash Streets in Blytheville, he observed someone deliver crack cocaine to a black male, twenty-five or thirty years old, wearing a green shirt, brown corduroy shorts, a dark cap, and lots of jewelry. The informant believed the purchaser put the narcotics in his sock. The informant was not able to provide the name of the dealer.

Officer Flora testified that he was familiar with the area of Eighth and Ash Streets because he had participated in frequent narcotics arrests in an apartment in that area. According to Officer Flora, the area was well known to the Blytheville Police Department as a location for street sales of crack cocaine. Officer Flora instructed the police dispatcher to relay the information that he received from the informant to officers in the area.

Blytheville Patrolman Fred Friar testified that he received the dispatch and was told to go to the area of Eighth and Ash, and he arrived there about 5:00 p.m. Another policeman, Officer Randy Sipes, arrived about the same time. Officer Friar observed quite a few people sitting around a table in a side yard. They noticed a subject, who they later learned was Blockman, who matched the description and was wearing the same kind of clothing observed by the informant, so they approached and asked him his name. Blockman refused to tell them, so they led him away from the crowd to a place around the side of the house. They again asked him his name, but he again refused to respond. The officers conducted a pat-down search for weapons; according to Officer Friar, the area was known for street sales of crack and he feared that Blockman might be armed.

Officer Friar noted that Blockman was wearing two pairs of shorts and suspected that Blockman could conceal a weapon in them. In the course of the search, Officer Friar felt a lump in the back pocket of the inside pair of shorts. He claimed that he squeezed it to make sure that it did not conceal a weapon. Officer Friar stated that the lump, which was about the size of a golf ball, felt rocky, “like there were pebbles in his pocket,” and that he could hear “kind of a cellophane sound.” He stated that he suspected that the lump was crack cocaine; nonetheless, he passed it up because they had been told that the narcotics might be in his socks. When he found nothing, he went back to the lump. Officer Friar stated that he asked Blockman if there was anything that he should know about, and when he did not respond, he pulled up Blockman’s gym shorts revealing a cellophane bag containing a substance that he suspected was crack cocaine. He pulled out the package and found twenty-five individually wrapped rocks of what he suspected was crack cocaine. He then formally placed Blockman under arrest.

Officer Sipes confirmed that Eighth and Ash was a known drug-trafficking area, that Blockman matched the description that he had received in the dispatch, and when he and Officer Friar approached Blockman, he refused to give his name. He was talking to Blockman’s companions during the search, however, and while he did observe part of the pat-down, he did not see Officer Friar seize the contraband.

Officer Flora stated that the bag containing the twenty-five off-white-colored rocks, weighing approximately four grams, was turned over to him, and he forwarded it to the State Crime Lab.

The trial judge denied Blockman’s motion to suppress, finding that Officer Friar lawfully discovered the contraband by plain feel while conducting a frisk for weapons pursuant to Rule 3.4 of the Arkansas Rules of Criminal Procedure.

At trial the next day, Blockman stipulated that all the testimony presented in the suppression hearing could be adopted and made part of the State’s case. Following testimony from Officer Flora regarding the chain of custody of the physical evidence, the State introduced the lab report from the State Crime Lab and rested. Blockman moved for a directed verdict, arguing that there was no evidence that he possessed the drugs with intent to deliver. The trial court denied the motion. After Blockman testified that he had a cocaine habit and purchased the drugs solely for his own personal use, that he smoked about an ounce of crack a week, that he had purchased the drugs the day before, and that he was arrested the moment the police came in contact with him, he renewed his motion to suppress and his directed-verdict motion. The trial court denied both motions and found him guilty.

Blockman first contends that the trial court erred in finding that there was sufficient evidence to find him guilty of possession of crack cocaine with intent to deliver. He acknowledges that pursuant to Ark. Code Ann. § 5-64-401 (d) (Repl. 1997), possession of more than one gram of cocaine creates a rebuttable presumption that the possession was with intent to deliver. However, he argues that his testimony that he had a cocaine problem and that the drugs were for his own personal use, in the absence of contradictory testimony presented by the State, was sufficient to rebut the presumption. This argument is without merit.

Directed-verdict motions are treated as challenges to the sufficiency of the evidence. Bennet v. State, 308 Ark. 393, 825 S.W.2d 560 (1992). Where the sufficiency of the evidence is challenged, the reviewing court considers only that evidence which supports the guilty verdict. Stipes v. State, 315 Ark. 719, 870 S.W.2d 388 (1994). The test is whether there is substantial evidence to support the verdict, and on appellate review, “it is only necessary for this court to ascertain that evidence which is most favorable to the [State].” Jameson v. State, 333 Ark. 128, 130, 970 S.W.2d 705 (1998). Substantial evidence is evidence of such certainty and precision as to compel a conclusion one way or another. Jenkins v. State, 60 Ark. App.

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Bluebook (online)
11 S.W.3d 562, 69 Ark. App. 192, 2000 Ark. App. LEXIS 85, Counsel Stack Legal Research, https://law.counselstack.com/opinion/blockman-v-state-arkctapp-2000.