Lander v. State

553 So. 2d 640, 1989 Ala. Crim. App. LEXIS 206, 1989 WL 71580
CourtCourt of Criminal Appeals of Alabama
DecidedMay 26, 1989
Docket3 Div. 983
StatusPublished
Cited by1 cases

This text of 553 So. 2d 640 (Lander v. State) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lander v. State, 553 So. 2d 640, 1989 Ala. Crim. App. LEXIS 206, 1989 WL 71580 (Ala. Ct. App. 1989).

Opinion

BOWEN, Judge.

Camilia and Donald Lander were convicted for trafficking in cannabis in violation of Alabama Code 1975, § 20-2-80(l)(a). Mr. Lander was sentenced to fifteen years’ imprisonment, while Mrs. Lander received a five-year prison sentence. Each was fined $25,000 and ordered to pay $1,500 to the Victims Compensation Fund.

The only question presented on this appeal from those convictions is the legal sufficiency of the State’s evidence in proving the defendants’ possession of the marijuana.

The standard for appellate review of the sufficiency of the evidence in a conviction based upon circumstantial evidence is set out in Dolvin v. State, 391 So.2d 133, 137-38 (Ala.1980), and Cumbo v. State, 368 So.2d 871, 874 (Ala.Cr.App.1978), cert. denied, Ex parte Cumbo, 368 So.2d 877 (Ala.1979). See also White v. State, 546 So.2d 1014 (Ala.Cr.App.1989). Applying the standards and legal principles set out in those cases to the facts presented here, we conclude that the evidence was legally sufficient to allow the submission of the issue of the defendants' guilt or innocence to the jury.

Viewed in its most favorable light, the State’s evidence shows that, on August 24, 1987, acting on an anonymous tip which indicated that marijuana was being grown in Perry County, State Troopers Roy Sumja and Buddy Fletcher obtained a helicopter from the Department of Public Safety in order to make an aerial surveillance of the suspected property. While en route from Montgomery to Perry County, the officers observed a large patch of marijuana in Autauga County. Upon making this observation, the troopers abandoned their flight to Perry County and informed Alabama Bureau of Investigation (ABI) Agent Charles West of their discovery. Agent West was taken up in the helicopter and shown the marijuana.

[642]*642After completing their aerial surveillance of the defendants’ property, Agent West and a deputy with the Autauga County Sheriff’s Department entered the property to conduct a search. The officers proceeded to a residence, but found no one at home. The officers did not search the residence but proceeded on the property to the garden. The garden was located approximately 30 yards behind the residence. At the rear of the garden, the officers found two trails leading into the woods. One of these trails led to three plots of marijuana. Stephen Lindsey, the Deputy who assisted in the search of the defendants’ property, testified that the path “was worn down all the way to the dirt” and “was cleared of limbs at some points.” Upon following this trail, law enforcement officials discovered the first marijuana plot approximately 150 yards from the residence and about 30 yards from the garden.

The trail continued through the woods to a second patch of marijuana. Deputy Lindsey testified that while on the trail between the first and second marijuana plots he discovered a jacket with the name “Don L.” sewn on it. The record further reveals that the trail progressed to a third plot of marijuana and a plastic enclosed shed. Throughout the testimony, the witnesses referred to this enclosure as a “drying shed.” Drying marijuana and other evidence of marijuana cultivation were seized from this shed. Also found inside the “shed” were a chain, heaters, butane tanks, lanterns, “manicuring racks,” and “plastic bags” containing marijuana plant material. A paper bag with Mrs. Landers’ name (“Cam”) written on it was found in the shed.

After observing the “drying shed” and its contents, Deputy Lindsey followed a trail which was “basically on a creek” to the fourth and final marijuana plot.

Upon their search of the 60 acres, the officers seized numerous marijuana plants and substantial evidence of marijuana cultivation. The plants were “rather large” and were 12 to 16 feet tall. No fingerprints were found on any of the items seized.

The State’s evidence also established that the property upon which the marijuana was growing was in the exclusive possession and control of the defendants. The property on which the marijuana fields were found was located in a rural and densely wooded area. The State’s evidence indicated that the marijuana field “could be accessed only by a complex of trails” which terminated at either end of the defendants’ garden. Mr. Lander disputed this evidence, testifying that there were at least three other means of access to the property. There was no residence near these fields except that belonging to the defendants. Records in the county tax assessor’s office indicated that certain property in Autauga County (with the address Route 4, Box 442B, Prattville) was assessed to the defendants. Records in the probate office indicated that a quitclaim deed was issued to the defendants as joint tenants in 1983 and there was no record that ownership of the property had transferred.

Fred David McGee testified that he resided in the “Vida community, Route 4, Box 442, Prattville,” and he identified the area on an Autauga County map. He stated that there were two mailboxes located next to his and that one was labeled “Joy, Don and Cam.” He identified the defendants, “Cam and Don,” as being his neighbors. Defense counsel stipulated that the defendants were his neighbors. Mr. McGee testified that he had occasionally seen the defendants and their vehicles on the property.

The defendants contend that their motion for a judgment of acquittal should have been granted because the State’s evidence was insufficient to prove a prima facie case of constructive possession. In support of this contention, they cite the case of Crafts v. State, 439 So.2d 1323 (Ala.Cr.App.1983). We agree with the defendants’ counsel that there are similarities between the instant case and Crafts. However, there are distinguishing material differences between the evidence in Crafts and the evidence in the present case. In Crafts, we determined that:

[643]*643“ ‘While the ownership and exclusive possession of the property on which the marijuana is found may warrant a jury in finding that the accused was growing the illegal plant, Puckett v. State, 13 Md. App. 584, 284 A.2d 252 (1971), the proof in this case does not rise to that level. Here, the evidence is notable for its lack of detail and for the absence of information connecting the defendant with the growing marijuana.
“ ‘Although the Sheriff “assumed” that the defendant planted the corn in the garden behind his house and yard, the State never attempted to establish who owned or possessed or had control over the property on which the marijuana was growing.
" ‘Reduced to fundamentals, all the State showed was that the defendant’s residence abutted land on which marijuana was growing.
“ ‘... Here the facts and circumstances only give rise to a suspicion of guilt and are insufficient to support the conviction. Thomas v. State, 363 So.2d 1020 (Ala.Cr.App.1978).’ ” Crafts, 439 So.2d at 1324-25.

Here, the State presented sufficient evidence from which the jury could have reasonably concluded that the defendants owned and were in exclusive possession and control of the property on which the marijuana was growing. Here, a copy of the quitclaim deed was properly admitted into evidence, Lukes v. Alabama Power Co., 257 Ala. 590, 593, 60 So.2d 349 (1952); Ala.Code 1975, § 35-4-27.

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Barron v. State
562 So. 2d 292 (Court of Criminal Appeals of Alabama, 1990)

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Bluebook (online)
553 So. 2d 640, 1989 Ala. Crim. App. LEXIS 206, 1989 WL 71580, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lander-v-state-alacrimapp-1989.