Shemondy v. State

810 A.2d 36, 147 Md. App. 602, 2002 Md. App. LEXIS 186
CourtCourt of Special Appeals of Maryland
DecidedNovember 1, 2002
Docket1804, Sept. Term 2001
StatusPublished
Cited by3 cases

This text of 810 A.2d 36 (Shemondy v. State) is published on Counsel Stack Legal Research, covering Court of Special Appeals of Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Shemondy v. State, 810 A.2d 36, 147 Md. App. 602, 2002 Md. App. LEXIS 186 (Md. Ct. App. 2002).

Opinion

KENNEY, Judge.

A jury sitting in the Circuit Court for Montgomery County convicted Philimon N. Shemondy, appellant, of possession of cocaine with the intent to distribute. The court sentenced him to fifteen years of imprisonment. Appellant presents the following questions for our consideration, which we have rephrased as follows: 1

I. Did the trial court err by permitting a police officer to render an expert opinion about the meaning of numerical data that were retrieved from appellant’s pager?
II. Did the trial court err by admitting into evidence the numerical data that were obtained from appellant’s pager?
III. Did the trial court err by permitting the State to offer rebuttal evidence?

For the reasons stated below, we find no error and affirm the decision of the trial court.

Factual and Procedural Background

In the evening hours of August 16, 2000, police officers from the Special Investigations Division of the Montgomery County *606 Police Department conducted surveillance of a three level, garden-style apartment building located at 17116 Queen Victoria Court in Gaithersburg. The purpose of the surveillance was to serve appellant with an arrest' warrant. While waiting for appellant, the police officers used radios to communicate with each other.

Shortly before 9:00 p.m., Detective John St. Louis observed appellant and Purnell Smoot walking towards the front of the apartment building. By radio, Detective St. Louis alerted the other officers of appellant’s arrival and, then, all at once, the officers approached the men, shouting “county police, county police” and “get down.” By this time, appellant and Mr. Smoot had entered the open stairwell of the apartment building. Upon hearing the officers’ oral commands, appellant ran up the stairwell of the building and Mr. Smoot hesitated for a moment and then followed appellant.

The officers caught Mr. Smoot, but appellant continued running up the stairwell. When appellant reached the top level of the building, Detective Mark Janney observed him remove an object from the waist of his pants and then bend towards the floor as if to conceal the object. Detective Janney made this observation while standing on the sidewalk in front of the building.

After appellant discarded the object, he walked down the stairwell where he encountered Detective Charles Carafano. As Detective Carafano approached, he observed appellant throw a napkin on the floor of the stairwell. Detective Carafano then placed appellant under arrest.

Thereafter, Detectives Carafano and Janney walked to the top level of the building where they observed a large bulge under a floor mat in the area where Detective Janney had observed appellant bend over. The officers lifted the mat and discovered 25.95 grams of crack cocaine and 13.97 grams of powder cocaine. Detective Carafano also seized the napkin, which contained .26 grams of crack cocaine.

The police searched appellant and seized the following items from his pants: one Samsung cellular telephone and $70 from *607 the right front pocket, $104 from the right front zipper pocket, $20 from the left front pocket, and one Motorola pager from the waistband.

Detective St. Louis turned off the pager two days after appellant’s arrest. On September 8, 2000, Detective St. Louis obtained a search warrant, which authorized him to retrieve numerical data from appellant’s pager.

Initially, defendant was charged in the District Court of Maryland for Montgomery County with possession of cocaine with the intent to distribute and possession of cocaine. In October 2000, however, a grand jury returned a single-count indictment that charged appellant with possession of cocaine with the intent to distribute.

At trial, the State proceeded under the theory that appellant sold cocaine. To support this theory, seven police officers testified about the cocaine, cellular telephone, and pager that were seized on the night of appellant’s arrest. Detective St. Louis testified about the search warrant he obtained for appellant’s pager and, also, the numerical data that were retrieved from the pager. Finally, Sergeant Marcus Jones testified as an expert in drug usage and drug trafficking.

In order to qualify Sergeant Jones as an expert, the State, during voir dire examination, elicited the following information about his knowledge, skill, experience, training, and education. He had been a police officer with the Montgomery County Police Department for fifteen years, working in the Tactical Drug Enforcement Unit of the Special Investigations Division for nine of those years. In this capacity, he worked undercover as an investigator, participating in “hand to hand purchases with drug dealers” and obtaining information from drug dealers “on how actually they will purchase drugs, how they will cut drugs up to sell, their methods of operation, how they operated.” In addition, he worked with confidential informants, learning the “street” value of drugs and how buyers and sellers used pagers and cellular telephones to communicate with each other. He also participated in the execution of nearly one hundred fifty search warrants.

*608 Sergeant Jones received a bachelor’s degree in business administration. As a police officer, he attended several schools and seminars where he learned, among other things, how to identify, package, and test drugs. The schools and seminars included a Drug Enforcement Administration school on narcotics, advanced seminars on narcotics investigations, and an Internal Revenue Service sponsored seminar on organized crime, money laundering, and narcotics.

Following this testimony, the trial court accepted Sergeant' Jones as an expert in drug usage and drug trafficking. Thereafter, Sergeant Jones opined that appellant sold cocaine. In arriving at this conclusion, he relied on three factors. The first factor was the large amount of cocaine that was seized. He testified that drug users generally purchase cocaine in small quantities on a daily basis. In his experience, “[n]o user ha[d] ever told me .. that they [would] buy this much for their own personal use.”

The second factor was the money that was discovered in different pockets of appellant’s pants. Sergeant Jones testified that some drug dealers “will separate their monies from what they actually make.” In other words, dealers would keep money that was earned from drug sales separated from money that would be used to purchase additional drugs. Also, dealers separated money in the event of a robbery so that an “individual may not find it after going through one pocket, just grab the money and think that is all that they have.”

The third factor was the numerical data that were retrieved from appellant’s pager. Sergeant Jones testified that buyers and sellers of crack cocaine often use pagers to communicate with each other. A buyer will call a dealer’s pager and input a telephone number followed by certain “codes.” For example, if “[the buyers] were looking for ...

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Bluebook (online)
810 A.2d 36, 147 Md. App. 602, 2002 Md. App. LEXIS 186, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shemondy-v-state-mdctspecapp-2002.