Draper v. State

378 S.W.3d 191, 2010 Ark. App. 628, 2010 Ark. App. LEXIS 668, 2010 WL 3672760
CourtCourt of Appeals of Arkansas
DecidedSeptember 22, 2010
DocketNo. CA CR 10-209
StatusPublished
Cited by5 cases

This text of 378 S.W.3d 191 (Draper 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
Draper v. State, 378 S.W.3d 191, 2010 Ark. App. 628, 2010 Ark. App. LEXIS 668, 2010 WL 3672760 (Ark. Ct. App. 2010).

Opinion

KAREN R. BAKER, Judge.

liOn September 23, 2009, a jury in Sebastian County convicted appellant Lori Sue Draper of one count of possession of methamphetamine and one count of possession of drug paraphernalia. Appellant was sentenced to ten years on each count with five suspended for each count, with the sentences to run consecutively. Appellant filed a timely notice of appeal on October 12, 2009. On appeal, appellant challenges the sufficiency of the evidence to support both convictions. We affirm.

I. Statement of the Facts

The charges against appellant arose on December 27, 2008 when Detective Cody Elliott of the street crimes division of the Fort Smith Police Department was dispatched to room number 18 at the Capri Motel. The motel manager stated that the room had been rented in appellant’s name for two days. Detective Elliott testified that the motel is known |2for its occupants engaging in drug activity and prostitution. After knocking on the door, Det. Elliott stated that a male, Jackie Smith, answered holding a crack pipe. The detective also found a box in Smith’s pocket containing three baggies with a substance later identified as methamphetamine. As Smith was being placed under arrest for possession of drugs and possession of drug paraphernalia, appellant came out of the bathroom and jumped on the bed. Detective Elliott testified that it was approximately one- and-a-half minutes from the time he entered the room until appellant appeared. Officer Chris McCoy testified that he watched appellant while Det. Elliott placed Smith in the patrol car.

When Det. Elliott came back to the room, he assumed that appellant was under the influence of drugs as she appeared nervous, agitated, and was twitching. He stated that she was clutching a purse that she never denied was hers in a manner suggesting something in it needed to be concealed. He asked for permission to examine the purse and she agreed. Detective Elliott testified that he took the purse and dumped its contents on the bed. Some of the items that fell out were a hairbrush, makeup, and a silver and glass tin container with a bow on it. Inside of the tin, he found a brown bottle with what appeared to be methamphetamine residue. In testifying, a forensic chemist from the Arkansas State Crime Lab identified the residue as methamphetamine and dimethyl sulfone, which is a common cutting agent used to increase the weight of the drug. The chemist added that the presence of residue was indicative of the bottle having been used to store methamphetamine at some point.

| y,After removing the bottle and a piece of Styrofoam or packing material from the tin, Det. Elliott found two small baggies that contained a crystalline substance, later identified as methamphetamine and dimethyl sulfone. He stated that appellant never denied the tin was hers, and asserted that Smith had given to her a ring in it that day because it was her birthday. While in the motel room, Det. Elliott noticed appellant sitting on the sleeve of a denim jacket, and for his safety, he checked it for weapons. He shook the jacket, and out of one pocket fell a syringe housing a clear liquid substance that was later identified as methamphetamine and dimethyl sulfone. In searching the other pocket, he found some unused syringes still in the plastic. Other items that he noticed in the room were duffle bags, male and female clothing and accessories, appellant’s glasses, food, and a curling iron. Detective Elliott arrested appellant, and he testified that only then did Smith state that all of the drugs were his.

Smith appeared as a witness for appellant. He testified that he and appellant were lovers and that they had been living together for about ten or eleven months at a location about two miles from the motel. Smith said the reason that they were at the motel was to allow some friends to stay at their place, and he verified that appellant had clothes and possessions in the room. Smith testified that he never gave appellant the tin container with the bow on it, just the ring. He claimed that he put two baggies of drugs in the tin and placed it behind the television and a wall, and that appellant must have gotten the box from behind the television when he was being taken to the police car. Smith stated the denim Ijacket was his although he did not know its size, brand, where it was purchased, how much it cost, or even its location at the time of trial. Smith testified that while appellant was away from the room on December 27, 2008, he got a syringe out of his jacket, loaded it with methamphetamine, and placed it in a dresser drawer. He had no idea what appellant was wearing on the day of their arrest, and he denied ever using drugs with appellant in the two years prior to the date of their arrests. He testified that he did not look in appellant’s purse that day.

The State introduced into evidence, without objection, the following items: 1) the crack pipe Smith had in his hand when he opened the door; 2) the unused syringes in the clear plastic and the methamphetamine-filled syringe found in the denim jacket; 3) the brown bottle, plastic baggies that contained methamphetamine, tin, and Styrofoam that were in the purse; and 4) the box that was in Smith’s pocket. The lab reports showing the results of the analysis of the items were introduced. Paul Smith, a narcotics detective with the Fort Smith Police Department, testified that the following items in this case were drug paraphernalia: 1) baggies; 2) syringes; and 3)packing materials used to hide the drugs such as the Styrofoam and the tin.

II. Sufficiency of the Evidence

We treat a motion for a directed verdict as a challenge to the sufficiency of the evidence. Saul v. State, 365 Ark. 77, 81, 225 S.W.3d 373, 377 (2006) (citing Tillman v. State, 364 Ark. 143, 217 S.W.3d 773 (2005)); Ingle v. State, 2010 Ark. App. 410, 379 S.W.3d 32. The test for determining the sufficiency of the evidence is whether the verdict is supported |fiby substantial evidence, direct or circumstantial. Walley v. State, 353 Ark. 586, 112 S.W.3d 349 (2003). Substantial evidence is that “which is of sufficient force and character that it will, with reasonable certainty, compel a conclusion one way or the other, without resorting to speculation or conjecture.” Saul v. State, 365 Ark. at 81, 225 S.W.3d at 377. With regard to circumstantial evidence, such evidence may provide a basis to support a conviction, but it must be consistent with the defendant’s guilt and inconsistent with any other reasonable conclusion. Id. When we review a challenge to the sufficiency of the evidence, this court views the evidence in the light most favorable to the State, and only evidence supporting the verdict will be considered. Walley v. State, 353 Ark. 586, 112 S.W.3d 349 (2003) (citing Smith v. State, 352 Ark. 92, 98 S.W.3d 433 (2003)). Furthermore, a jury need not lay aside its common sense in evaluating the ordinary affairs of life, and it may infer a defendant’s guilt from improbable explanations of incriminating conduct. Id.

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Cite This Page — Counsel Stack

Bluebook (online)
378 S.W.3d 191, 2010 Ark. App. 628, 2010 Ark. App. LEXIS 668, 2010 WL 3672760, Counsel Stack Legal Research, https://law.counselstack.com/opinion/draper-v-state-arkctapp-2010.