Champlin v. State

254 S.W.3d 780, 98 Ark. App. 305, 2007 Ark. App. LEXIS 226
CourtCourt of Appeals of Arkansas
DecidedApril 4, 2007
DocketCA CR 06-770
StatusPublished
Cited by4 cases

This text of 254 S.W.3d 780 (Champlin 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
Champlin v. State, 254 S.W.3d 780, 98 Ark. App. 305, 2007 Ark. App. LEXIS 226 (Ark. Ct. App. 2007).

Opinions

Brian S. Miller, Judge.

Appellants, Pamela Sue Champlin and Mark Treat, were convicted after ajoint-bench trial on December 13, 2005, in the Pulaski County Circuit Court. Champlin was convicted of possession of a controlled substance, methamphetamine, and possession of pseudoephedrine with intent to manufacture. Treat was convicted of possession of pseudoephedrine with intent to manufacture. Each was sentenced to five years’ probation, thirty hours of community service, and was ordered to pay a $500 fine, fees, and court costs.

Appellants challenge the sufficiency of the evidence supporting their convictions. They argue that the trial court erred in finding probable cause for their arrests and for failing to suppress the State’s evidence. Champlin also asserts that the State did not prove that she possessed a controlled substance. We affirm both appellants’ convictions.

Facts

North Little Rock police officers Shana Cobbs and Ronnie Miller were conducting surveillance of pseudoephedrine sales on November 4, 2004, at the Target store on 4000 McCain Boulevard. Officer Cobbs was posted in the store’s camera room, and Officer Miller was in the store’s parking lot. Officer Cobbs observed appellants exit a red truck, split up, and enter the store. She observed Champlin obtain two boxes of pseudoephedrine and later observed Treat get one box. Appellants paid for their pseu-doephedrine separately, left the store separately, and returned to their truck.

Officer Cobbs notified Officer Miller and met him in the parking lot. The officers followed appellants to a Wal-Mart store located a few miles away from Target. Upon arrival, Champlin exited the truck and went inside the store while Treat remained in the truck. Officer Miller followed Champlin, while Officer Cobbs observed Treat. Champlin purchased an additional box of pseu-doephedrine and left the store. The officers suspected that appellants were over the legal limit for possession of pseudoephedrine and arrested them.

Officer Miller searched the truck and found the boxes of pseudoephedrine purchased at Target, as well as two additional boxes. In the common areas of the truck, he found a purse, a bottle of peroxide, and a white sack containing approximately sixty loose pseudoephedrine pills. Officer Miller saw a flashlight in the purse and attempted to turn it on. When the flashlight would not turn on, Officer Miller opened it and found a small bag of methamphetamine. Officer Miller then read appellants their rights.

Appellants then stated that they purchased the pseudoephe-drine so that a friend could cook methamphetamine with it. They told Officer Miller that they normally traded pseudoephedrine for drugs. Champlin also stated that she did not know that she had left the bag of methamphetamine in the flashlight.

Champlin was charged with one count of possession of a controlled substance, methamphetamine, and one count of possession of pseudoephedrine with intent to manufacture. Treat was charged with one count of possession of pseudoephedrine with intent to manufacture. Each filed a motion to suppress their statements as well as the other evidence. The court held the suppression hearings and bench trial simultaneously.

Officer Cobbs testified that appellants were arrested for being over the legal limit for possession of pseudoephedrine. She stated that between the two of them, appellants purchased 9.6 grams of pseudoephedrine and that the legal limit was nine grams.

Officer Miller testified that appellants were detained because he believed they were over the legal limit for possession of pseudoephedrine. He said that the sixty pills found in the white sack in the truck had been popped out of their blister packs. The substance found inside the flashlight tested positive for methamphetamine. He stated that he read appellants their Miranda rights and that both appellants said they had purchased the pseudoephe-drine so that a friend could cook methamphetamine with it. Both appellants told him that they normally traded pseudoephedrine for drugs. He also said that Champlin told him that she did not know that she had left the bag of methamphetamine in the flashlight.

Appellants moved to suppress Officer Miller’s testimony. In support of their motions, they argued that there was no reason for their arrests because, individually, they were not over the legal limit for possession of pseudoephedrine. They argued that their arrests were unlawful because they were based on mere speculation. Appellants asserted that, at the time of their arrests, the officers admitted that appellants were being arrested because the officers suspected them of going from store to store to purchase pseudoephedrine for manufacture. The trial court denied the motions.

Appellants then moved to dismiss. They asserted that the State failed to prove that either of them possessed pseudoephedrine with the intent to manufacture methamphetamine. Champlin also argued that the State failed to show that she possessed methamphetamine because there was no evidence establishing either physical or constructive possession. The trial court also denied these motions.

Champlin then testified that she had sinus problems and that she and Treat stopped at Target to purchase a box of twenty-four-hour Sudafed. She said that she left Treat in the truck because he was not feeling well. Target was out of twenty-four-hour Sudafed, so she decided to purchase twelve-hour pseudoephedrine. She could not decide whether to purchase Sudafed or the generic, so she purchased one box of each. Champlin testified that she was unaware that Treat had purchased a box of pseudoephedrine until she returned to the truck.

Champlin testified that she and Treat left Target and drove to McDonald’s. She was complaining that Target did not have twenty-four-hour Sudafed so Treat suggested that they stop at Wal-Mart. Appellants then drove to Wal-Mart and Treat remained in the truck while she went in and purchased a box of twenty-four-hour Sudafed. Champlin stated that her rights were never given to her, and she denied saying that she purchased the pseudoephedrine to provide to a friend to cook methamphetamine. She also denied telling the officers that she was aware of the methamphetamine in the purse.

Treat testified that he and Champlin were in his sister’s truck and that he initially stayed in the truck when they went to Target. His head was congested, so he went into Target and purchased a box of pseudoephedrine. He and Champlin went to McDonald’s and he suggested that they go to Wal-Mart to purchase twenty-four-hour Sudafed because Champlin was complaining that Target did not have any. Treat said that he remained in the truck while Champlin went inside Wal-Mart. He denied popping any of the pills out of their blister packs.

Treat testified that Officer Cobbs spoke with him while Officer Miller searched the truck. He said that Officer Cobbs began reading his rights to him but stopped. Treat denied telling the officers that he purchased the pseudoephedrine so that he could trade it for methamphetamine. He also denied saying that he purchased the pseudoephedrine so that someone else could cook methamphetamine.

Appellants renewed their motions to suppress at the close of the testimony and argued that the State failed to show that they were read their rights.

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Related

Boykin v. State
2019 Ark. App. 47 (Court of Appeals of Arkansas, 2019)
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Arkansas Attorney General Reports, 2009
Arrigo v. State
337 S.W.3d 560 (Court of Appeals of Arkansas, 2009)
Champlin v. State
254 S.W.3d 780 (Court of Appeals of Arkansas, 2007)

Cite This Page — Counsel Stack

Bluebook (online)
254 S.W.3d 780, 98 Ark. App. 305, 2007 Ark. App. LEXIS 226, Counsel Stack Legal Research, https://law.counselstack.com/opinion/champlin-v-state-arkctapp-2007.