State v. Cook

749 S.W.2d 42, 1987 Tenn. Crim. App. LEXIS 2770
CourtCourt of Criminal Appeals of Tennessee
DecidedDecember 9, 1987
StatusPublished
Cited by11 cases

This text of 749 S.W.2d 42 (State v. Cook) 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 v. Cook, 749 S.W.2d 42, 1987 Tenn. Crim. App. LEXIS 2770 (Tenn. Ct. App. 1987).

Opinion

OPINION

BIRCH, Judge.

The defendants, Vivien Troy Cook and William Harcrow, were each convicted of felonious sale or delivery of diazepam (a Schedule II controlled substance) and felonious conspiracy to sell or deliver a substance containing more than 30 grams of cocaine (a Schedule II controlled substance). Additionally, Harcrow was convicted of yet another sale or delivery of diazepam.

Cook was sentenced for an especially aggravated offense, Range II, to imprisonment for five (5) years on the sale and delivery conviction and forty-five (45) years on the conspiracy conviction. He was found to be a persistent, dangerous, and multiple offender; the sentences were ordered consecutive for a total effective sentence of fifty (50) years.

Harcrow was sentenced for an especially aggravated offense, Range II, to thirty-five (35) years imprisonment in each of three counts, and five (5) years on two counts, to be served concurrently, for a total effective sentence of thirty-five (35) years.

Both defendants appeal as of right.

Vivien Troy Cook raises for our review the sole issue of whether there is sufficient evidence to support the verdict in the conspiracy case.

William Harcrow contends that he was not effectively assisted by counsel.

Our summary of pertinent evidence will apply to and suffice for both defendants except where restricted to issues involving a single defendant.

An agent of the Tennessee Bureau of Investigation posed as a college student in order to investigate drug trafficking in the McMinnville area. The agent quickly won the confidence of a co-defendant, Alton Parker, and others, and was allowed to buy [44]*44small quantities of drugs. This newly-won trust enabled him to purchase 800 quaalude pills (a Schedule II controlled substance, Diazepam). The agent next arranged with defendant Parker to purchase a large quantity of cocaine (about 4 ounces). Details of the proposed purchase were discussed and worked out, and the transaction was to take place at Harcrow’s house in Chattanooga. Focusing on the circumstances surrounding the proposed drug sale, Parker, while telephoning to make certain that all was in readiness to close the sale, asked the person who answered the phone for “Troy or Bill” (defendant Cook’s name is Vivien Troy).

The transaction progressed, and when Parker and agents arrived at Harcrow’s residence, neither Cook nor Harcrow was there. A short time later, Harcrow and Cook arrived together. Upon their arrival, they went up on the front porch and conversed with Parker. Harcrow then drove down the road to “check out a suspicious looking vehicle.” He returned, apparently satisfied that no danger threatened.

Agents observed Cook in the act of retrieving a brown paper sack from behind the shrubs outside Harcrow’s residence.

When the agents were invited into the room to view the contraband, the cocaine was displayed on the bed in a brown paper sack.

This transaction was to include the purchase of another large quantity of quaa-ludes. The agents observed Cook pass four “Zip-lock” bags containing quaaludes to Parker.

Cook says that this evidence is insufficient to convict him. We disagree.

SUFFICIENCY OF THE EVIDENCE

When the sufficiency of the evidence is challenged, the standard for appellate review is whether, after considering the evidence in a light most favorable to the state, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt. On appeal, the state is entitled to the strongest legitimate view of the evidence, and all reasonable and legitimate inferences which may be drawn from the proof. State v. Cabbage, 571 S.W.2d 832, 835 (Tenn.1978). In a criminal action, a conviction will be set aside only where the reviewing court finds that the “evidence is insufficient to support the finding by the trier of fact of guilt beyond a reasonable doubt.” Tennessee Rules of Appellate Procedure 13(e). In a jury trial, a guilty verdict, approved by the trial judge, accredits the testimony of the state’s witnesses and resolves all conflicts in testimony in favor of the theory of the state. State v. Hatchett, 560 S.W.2d 627, 630 (Tenn.1978).

The credibility of the witnesses, the weight to be given their testimony, and the reconciliation of conflicts in the testimony, however, are matters entrusted exclusively to the jury as the triers of fact. Byrge v. State, 575 S.W.2d 292, 295 (Tenn.Crim.App.1978). The jury in this case chose to accredit the testimony of the prosecution witnesses and reject the testimony of the defendant.

Generally, conspiracy is a partnership in crime. It is an attempt to commit an offense, since its object need not be attained. 15A C.J.S. Conspiracy § 35(1) (1967).

Mere knowledge, acquiescence, or approval of the act, without cooperation or agreement to cooperate, is not enough to constitute one a party to a conspiracy. Solomon v. State, 168 Tenn. 180, 76 S.W.2d 331, 334 (1941).

Personal motives and expectations of the conspirators usually shed little light on the matter, for all of us know that such things are generally secret. See State v. Smith, 197 Tenn. 350, 273 S.W.2d 143 (1954).

The agreement need not be manifested by any formal words or by a written agreement. Randolph v. State, 570 S.W.2d 869, 871 (Tenn.Crim.App.1978).

The unlawful confederation may be established by circumstantial evidence, and by the conduct of the parties in the execu[45]*45tion of the criminal enterprise. Randolph at 871.

The salient evidence against Cook which the jury could consider included:

1. His association with Parker and Har-crow;
2. His arrival at the site of the transaction in the company of Harcrow;
3. His conversation with Parker upon arrival at the Harcrow house;
4. His handling of the brown paper sack, regardless of contents;
5. His passing the four “Zip-lock” transparent bags containing quaa-ludes to Parker; and
6. The vastness of the operation.

In our opinion, these facts are quite sufficient to support the jury verdict. Considering them, a rational trier of fact could easily conclude that Cook was a knowledgeable participant in the illegal enterprise.

We therefore conclude that any rational trier of fact could have found the essential elements of the crime of conspiracy to sell or deliver a substance containing more than 30 grams of cocaine beyond a reasonable doubt. See Tenn.Code Ann. §§ 39-6-407, 408, 417. The evidence of defendant’s guilt in each case more than satisfies the standard prescribed in Jackson v. Virginia,

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Bluebook (online)
749 S.W.2d 42, 1987 Tenn. Crim. App. LEXIS 2770, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-cook-tenncrimapp-1987.