Priest v. State

879 A.2d 575, 2005 Del. LEXIS 253, 2005 WL 1950285
CourtSupreme Court of Delaware
DecidedJuly 5, 2005
Docket272, 2004, 273, 2004
StatusPublished
Cited by49 cases

This text of 879 A.2d 575 (Priest v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Priest v. State, 879 A.2d 575, 2005 Del. LEXIS 253, 2005 WL 1950285 (Del. 2005).

Opinions

STEELE, Chief Justice, for the Majority.

Torshiro K. Priest appeals his convictions, by a Superior Court jury, of Maintaining a Vehicle for Keeping Controlled Substances and multiple counts of the compound offense of Possession of a Firearm During the Commission of a Felony, claiming that the trial judge erred by denying his motion for judgment of acquittal. In this Opinion we hold that to sustain a finding of guilt on a Maintaining a Vehicle charge, the State must offer evidence of some affirmative activity by the defendant to utilize the vehicle to facilitate the possession, delivery, or use of controlled substances. Because the record contains no evidence that Priest engaged in any of these activities, we vacate his Maintaining a Vehicle conviction. We also hold that the jury’s failure to convict on either the predicate felony charges or any lesser-included felonies negates, as a matter of law, the first element of Possession of a Firearm During the Commission of a Felony — that a defendant commit either the predicate felony or a lesser-included felony — and thus precludes a conviction of the compound PFDCF offenses. We must, therefore, vacate Priest’s PFDCF convictions. Accordingly, we reverse the judgment of the Superior Court and remand with instructions to enter a judgment of acquittal on the Maintaining a Vehicle and PFDCF counts.

I.

In July 2003, Deborah Powell drove to the Manchester Square Apartments in Dover looking for a friend. On arriving at the apartment complex, Marvin Fletcher approached Powell and asked to borrow her car. Fletcher, who was seeking transportation to buy crack cocaine, promised Powell a small amount of money or cocaine in return for the use of her car. Powell refused to lend Fletcher her vehicle, but she did agree to drive Fletcher to a nearby fast-food restaurant where Powell thought that Fletcher would buy drugs. Priest, who was not present during this conversation, arrived some time later and joined Fletcher in Powell’s car. With Fletcher sitting in the front passenger seat and Priest in the rear, Powell drove the two men to the restaurant.

While conducting surveillance at the restaurant, Delaware State Police Officer John Samis watched Powell’s vehicle enter the parking lot. Samis observed Fletcher leave the car and enter the restaurant. On returning to the ear less than a minute later, Fletcher told Powell that “they’re not here.” Throughout this exchange, Priest said nothing of consequence.

Shortly thereafter, Samis approached Powell’s car. Fletcher, recognizing the undercover vehicle, told Powell to leave the area quickly and told Priest to run. Neither Powell nor Priest, however, attempted to escape. As the officer drew closer, Powell heard the glove box close and a heavy item fall to the floor of the vehicle. Powell also observed Fletcher fumbling with an unknown item, and she saw Priest wedge another object in the cushion of the backseat.

After searching Powell’s car, Samis and other officers found a digital scale in the front passenger-side door pocket and 18.8 grams of crack cocaine in the glove box. In the backseat cushion, Samis discovered a loaded handgun. The officers then arrested the three occupants of the vehicle. Authorities later indicted Priest and Fletcher on twelve counts related to the [577]*577incident, including Trafficking in Cocaine, Possession with Intent to Deliver, and Maintaining a Vehicle for Keeping Controlled Substances. A charge of Possession of a Firearm During the Commission of a Felony accompanied each of these three predicate offense charges. Priest and Fletcher were tried jointly in the Superior Court. Powell was also indicted for several serious felony offenses but entered into a plea agreement in exchange for her testimony against Fletcher and Priest.

After trial in March 2004, a jury acquitted Priest of the charges of Trafficking and Possession with Intent to Deliver. The jury found Priest guilty of all other charges, including the count of Maintaining a Vehicle and the ancillary PFDCF charges that accompanied the drug charges. The jury found Fletcher guilty on all counts except an unrelated firearms charge.

After the jury returned its verdict, Priest and Fletcher jointly moved for judgment of acquittal on those counts. In May 2004, the trial judge denied the motion.1 We rejected an appeal by Fletcher in March 2005.2 Priest now appeals, claiming that the trial judge erred by denying his motion for judgment of acquittal.

II.

Priest first claims that the State failed to present sufficient evidence to support the Maintaining a Vehicle count and its accompanying PFDCF charge. Priest claims that because the jury acquitted him of the drug offenses, he was not in constructive possession of the drugs, nor could he be considered an accomplice to Fletcher’s conduct. Priest also asserts that Fletcher alone solicited Powell for the use of her vehicle. On these facts, Priest argues that he did not, as a matter of law, Maintain a Vehicle for the delivery of drugs. We review de novo the trial judge’s denial of Priest’s motion for judgment of acquittal to determine whether any rational trier of fact, viewing the evidence in the light most favorable to the State, could find Priest guilty beyond a reasonable doubt of all the elements of the crime.3

A Delaware “Maintaining a Vehicle” Jurisprudence

To further the “nationwide effort to achieve uniformity between the drug laws of the various states and federal legislation,” 4 the General Assembly enacted Delaware’s version of the Uniform Controlled Substances Act in June 1972.5 By so doing, the General Assembly also sought to combat the ills of drug abuse more effectively and to encourage cooperation between different governmental agencies.6 Title 16, Section 4755(a)(5), which is Delaware’s version of Section 402(a)(5) of the [578]*578original model UCSA, states that it is a crime for a person:

[KJnowingly to keep or maintain any store, shop, warehouse, dwelling, building, vehicle, boat, aircraft, or other structure or place which is resorted to by persons using controlled substances ... for the purposes of using these substances or which is used for keeping or delivering them.... 7

The only difference between Delaware’s Section 4755(a)(5) and UCSA Section 402(a)(5) is that in our statute the word chapter replaced the word act and, in the final clause, the word delivery replaced the word sell. The word maintain is left undefined in the statute.8

In recent years, this Court and the Superior Court have considered Section 4755 on several occasions. In State v. Rhine-hardt, the Superior Court addressed the interpretation of the phrase keep or maintain.9 Rhinehardt was convicted for maintaining a vehicle for drug use, in addition to other drug charges arising out of a single incident where police had found illegal drugs in his car. At his bench trial, Rhinehardt contended that “maintaining” a vehicle differed conceptually from “using” a vehicle. Rejecting this claim, the trial judge found that a defendant maintains a vehicle by “having the substantial use, alone or in conjunction with another person, of a motor vehicle for the purpose of storage, transportation^] and substantial use of drugs.”

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Bluebook (online)
879 A.2d 575, 2005 Del. LEXIS 253, 2005 WL 1950285, Counsel Stack Legal Research, https://law.counselstack.com/opinion/priest-v-state-del-2005.