Dodson v. State

191 S.W.3d 511, 358 Ark. 372
Supreme Court of Arkansas·Decided September 16, 2004·No. CR 02-878·Published·Cited by 9 cases

Opinion

Donald L. Corbin, Justice.

Appellant Johnny Paul Dodtappeals ice. the Garland County Circuit Court convicting him of possession of methamphetamine with intent to deliver and possession of marijuana. On appeal, Appellant alleges that the trial court erred in (1) denying his motion to dismiss because of a speedy-trial violation; (2) denying his motion for a directed verdict; (3) denying his motion for continuance; (4) fading to require the State to produce a witness that he requested; and (5) allowing the State to admit certain prior convictions for sentence-enhancement purposes. Because Appellant was sentenced as a habitual offender to life in prison, our jurisdiction of this case is pursuant to Ark. Sup. Ct. R. l-2(a)(2). We find no error and affirm.

The record reveals that on October 29, 1998, law enforcement officials conducted an undercover sting operation, after one of their informants, Sherry Lewis, informed officers that Appellant was selling methamphetamine. Lewis contacted Appellant and invited him and his girlfriend, Karen Humes, to meet her and her boyfriend at a local motel. Her “boyfriend” was actually an undercover Arkansas State Police Officer, Scotty Dodd. At some point after arriving at the motel, Humes handed Appellant a black bag, and he removed marijuana and a white powdery substance from the bag. Appellant then rolled a marijuana cigarette, which was passed among the four people in the motel room. According to Dodd, Appellant cut up for “[approximately an hour and thirty (30) minutes, hour and forty-five minutes” and then read a poem about methamphetamine use. Finally, Appellant told Dodd that he had sold some of the methamphetamine prior to arriving at the motel but that he had twenty-seven grams remaining that Dodd could purchase for $900. These events were tape recorded by officers who had set up surveillance in an adjoining motel room. After Appellant offered to sell the methamphetamine, the officers entered the motel room and arrested Appellant and the others. The evidence seized from the motel room included marijuana, the white powdery substance, later identified as sixteen grams of methamphetamine, and a small set of digital scales.

Appellant was initially charged by felony information with delivery of a controlled substance and possession of a controlled substance. The information was later amended several times, and Appellant was finally charged with possession of a controlled substance, methamphetamine, with intent to deliver and possession of a controlled substance, marijuana. He was also charged as a habitual offender, having been convicted of four or more felonies.

Appellant was tried before a jury on February 27, 2002. He was found guilty of all charges. He received a sentence of life imprisonment in the Arkansas Department of Correction on the charge of possession of methamphetamine with intent to deliver. He was also sentenced to a term of one-year imprisonment and a $1,000 fine on the misdemeanor charge ofpossession of marijuana. From that order comes the instant appeal.

I. Sufficiency of the Evidence

Appellant raises five points of error in his appeal. The second point raised is that the trial court erred in denying his motion for a directed verdict, because there was insufficient evidence supporting his conviction. For purposes of double jeopardy, we address Appellant’s challenge to the sufficiency of the evidence first. See Grillot v. State, 353 Ark. 294, 107 S.W.3d 136 (2003). With regard to this point, Appellant specifically argues that there was insufficient evidence supporting his conviction on the charge of possession of methamphetamine with intent to deliver, because there was no evidence of any negotiations for the purchase of a controlled substance, nor was there any payment or delivery of a controlled substance. The State counters that there was sufficient evidence of Appellant’s intent. The State is correct.

This court treats a motion for directed verdict as a challenge to the sufficiency of the evidence. Benson v. State, 357 Ark. 43, 160 S.W.3d 341 (2004); Tester v. State, 342 Ark. 549, 30 S.W.3d 99 (2000). When reviewing the denial of a directed-verdict motion, we will look at the evidence in the light most favorable to the State, considering only the evidence that supports the verdict and will affirm if there is substantial evidence to support the jury’s conclusion. Burmingham v. State, 342 Ark. 95, 27 S.W.3d 351 (2000). Substantial evidence is that which is forceful enough to compel reasonable minds to reach a conclusion one way or the other and permits the trier of fact to reach a conclusion without having to resort to speculation or conjecture. Greene v. State, 335 Ark. 1, 977 S.W.2d 192 (1998).

This court has held that in order to convict a person of possessing contraband, the State must show that the defendant exercised control or dominion over it. Stanton v. State, 344 Ark. 589, 42 S.W.3d 474 (2001); Pyle v. State, 314 Ark. 165, 862 S.W.2d 823 (1993), cert, denied, 510 U.S. 1197 (1994). Here, there was ample evidence that Appellant exercised dominion or control over the methamphetamine. Dodd testified that when Appellant and Humes arrived at the motel room, Humes took a black bag out of her purse and gave it to Appellant. Appellant then took from the bag some marijuana, methamphetamine, and a set of digital scales. Appellant then proceeded to roll a marijuana cigarette, which he passed among the other people in the room. Finally, Appellant stated that he had already sold some of.the methamphetamine before arriving at the motel but offered to sell the remainder to Dodd for $900. In addition to presenting the testimony of Dodd, the State also introduced into evidence the tape recording of the events that transpired in the motel room. This tape combined with Dodd’s testimony constitute sufficient evidence that Appellant exercised dominion and control over the methamphetamine.

Furthermore, there is substantial evidence that Appellant possessed the methamphetamine with intent to deliver it. Arkansas Code Annotated § 5-64-401(d) (Repl. 1997) creates a rebuttable presumption that possession of more than 200 milligrams of methamphetamine demonstrates an intent to deliver. See Stanton, 344 Ark. 589, 42 S.W.3d 474; Marts v. State, 332 Ark. 628, 968 S.W.2d 41 (1998). Here, the bag contained sixteen grams of methamphetamine, an amount well in excess of the statutory presumption, and Appellant presented no evidence to rebut that presumption. Additionally, as stated above Appellant offered to sell the methamphetamine to Officer Dodd. Accordingly, there is substantial evidence of intent to deliver. Id.; Heritage v. State, 326 Ark. 839, 936 S.W.2d 499 (1996).

II. Speedy-Trial Violation

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Dodson v. State, 191 S.W.3d 511, 358 Ark. 372 (Ark. 2004).

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