State of Tennessee v. Bruce Elliot

366 S.W.3d 139, 2010 WL 1425452, 2010 Tenn. Crim. App. LEXIS 294
CourtCourt of Criminal Appeals of Tennessee
DecidedApril 9, 2010
DocketM2008-02686-CCA-R3-CD
StatusPublished
Cited by15 cases

This text of 366 S.W.3d 139 (State of Tennessee v. Bruce Elliot) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Tennessee primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State of Tennessee v. Bruce Elliot, 366 S.W.3d 139, 2010 WL 1425452, 2010 Tenn. Crim. App. LEXIS 294 (Tenn. Ct. App. 2010).

Opinion

OPINION

JAMES CURWOOD WITT, JR., J„

delivered the opinion of the Court,

in which NORMA McGEE OGLE and D. KELLY THOMAS, JR., JJ., joined.

A Davidson County Criminal Court jury convicted the defendant, Bruce Elliot, of conspiracy to possess 300 grams or more of cocaine, see T.C.A. § 39-17-417(j)(5) (2006); possession of 300 grams or more of cocaine, see id. § 39-17-417(j)(5); possession of a firearm by a convicted felon, see *142 id. § 39-17-1307(b)(l)(a); possession of one-half ounce or more of marijuana, see id. § 39 — 17—417(g)(1); conspiracy to deliver 300 grams or more of cocaine within 1,000 feet of a school, see id. § 39-17-417(j)(5), -432; and money laundering, see id. § 39-14-903. The trial court imposed an effective sentence of 66 years’ incarceration. In this appeal, the defendant challenges the sufficiency of the evidence, argues that the trial court should not have permitted a State’s witness to testify regarding “drug jargon,” contends that the trial court erred by denying his motion to suppress evidence seized during a search of the defendant’s apartment, and claims various errors in his sentencing. Discerning no error, we affirm the judgments of the trial court.

In late 2006, Sergeant James McWright of the 20th Judicial District Drug Task Force began an investigation into the illegal distribution of cocaine that was originally centered on an individual named Angela Fleming. During his investigation, Sergeant McWright learned that Ms. Fleming, who had been distributing cocaine in small quantities, obtained the drugs she sold from Autumn Gentry and David Wade. Following the execution of a search warrant at an apartment “off of Highway 70,” Sergeant McWright obtained a warrant to wiretap telephones being used by David Wade and Angela Fleming. From wiretapped conversations on these two telephones, he discovered that David Wade’s drug supplier was his brother, Sean Wade. Sergeant McWright obtained a warrant to wiretap Sean Wade’s telephone and learned during the recorded conversations that Sean Wade bought drugs from an individual named Anthony Woods. After securing a wiretap warrant for the telephone being used by Anthony Woods, Sergeant McWright determined that the defendant supplied cocaine and marijuana to Mr. Woods. Later, Sergeant McWright determined, via wiretapped conversations on the telephone being used by the defendant, that the defendant bought large quantities of cocaine and marijuana from a man later identified as Mariano Diaz. The defendant then distributed the drugs to Mr. Woods and other individuals in smaller quantities.

Sergeant McWright testified that during telephone conversations between the defendant and Mr. Diaz on January 25 and 26, 2007, Mr. Diaz arranged to deliver three kilograms of cocaine to the defendant. According to the recorded conversations, Mr. Diaz expected to receive delivery of 17 kilograms of cocaine from his supplier, who was bringing the cocaine from Dallas, Texas. Based upon these conversations, Sergeant McWright ordered that the defendant’s residence and Mr. Diaz’s residence be placed under surveillance. He recalled that as he and other officers watched the residences on January 26, 2007, he received information from “the wire room” that “the Mexican ... was talking to [the defendant] and was leaving shortly headed to the house with the drugs.” 1 Shortly after this warning, Sergeant McWright saw a vehicle being driven by an Hispanic male leave the Diaz residence at 4609 Rockland Trail carrying an Hispanic female passenger. Sergeant McWright and other members of the drug task force followed the vehicle as it passed *143 Mount View Elementary School en route to the defendant’s residence at 6565 Premier Drive, Apartment K-3. 2

Drug task force officer Ernest Edward Rigsby followed the vehicle from the Diaz residence as it traveled along Murfrees-boro Road toward Nashville. He recalled that they passed Mount View Elementary School, which was visible from the road. Other evidence established that Mr. Diaz’s vehicle passed within 1,000 feet of the school as it traveled on Murfreesboro Road. Officer Rigsby testified that the vehicle arrived at the defendant’s residence at 7:52 p.m., and the two occupants went inside the defendant’s residence. A short time later, Metro police officer Herbert Kajahara, who had been observing the defendant’s residence, saw two Hispanic individuals, one male and one female, leave the defendant’s apartment with the female carrying a large black bag. According to Officer Rigsby, the two Hispanics drove away from the defendant’s residence at 8:26 p.m. Officer Rigsby followed the vehicle and initiated a traffic stop a short time later. He testified, “Upon placing the individuals under arrest, we found four pounds of marijuana in the right rear of the vehicle. I found fifty-four thousand dollars cash in the right front in a black bag on the floorboard.” The Hispanic male was identified as Mariano Diaz and his female passenger was identified as Alba Torres.

Sergeant McWright confirmed that he ordered Officer Rigsby to initiate a traffic stop of the Diaz vehicle. Shortly after Diaz left the defendant’s apartment, Sergeant McWright saw the defendant’s girlfriend, Stacy Walling, and a man named David Kirby exit the defendant’s residence and get into a white Pontiac. Sergeant McWright noticed that Ms. Walling “was carrying a fairly large bag” and decided to conduct a traffic stop of her vehicle to ensure that no cocaine left the premises. He stated that he learned from Ms. Walling that she was leaving to go purchase food for the defendant. Sergeant McWright testified that Ms. Walling’s large black bag “turned out to be a pocketbook” and that she had no contraband in her possession.

Sergeant McWright testified that after learning that the defendant, who was alone in the apartment, expected Ms. Walling to return shortly and that the defendant expected one of his distributors to arrive at any time, he made the decision to “secure the apartment.” He explained that Detective Aaron Thomas, who had been working in the wire room on that evening, was working to procure a search warrant for the defendant’s residence but that it would be “hours” before the warrant was completed. He stated that he was concerned that the defendant would destroy the drugs if he suspected that the police were nearby. He explained that on a previous occasion, the defendant and Mr. Woods disposed of a large amount of cocaine after being informed of surveillance by the drug task force. Sergeant McWright ordered other officers to enter the defendant’s apartment and then “cleared” the parking lot so that the police presence would not be apparent.

Metro police officer Kevin Guyton, who secured the defendant’s apartment at Sergeant McWright’s request, testified that he knocked on the door to the apartment, and when no one answered, he and the other officers “had to make forced entry into the apartment.” Once inside the apartment, Officer Guyton saw “two kilos of cocaine sitting on the counter in plain view in the *144

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Cite This Page — Counsel Stack

Bluebook (online)
366 S.W.3d 139, 2010 WL 1425452, 2010 Tenn. Crim. App. LEXIS 294, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-of-tennessee-v-bruce-elliot-tenncrimapp-2010.