State v. Dillon

529 N.W.2d 387, 1995 WL 116624
CourtCourt of Appeals of Minnesota
DecidedMarch 21, 1995
DocketC3-94-1248
StatusPublished
Cited by8 cases

This text of 529 N.W.2d 387 (State v. Dillon) is published on Counsel Stack Legal Research, covering Court of Appeals of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Dillon, 529 N.W.2d 387, 1995 WL 116624 (Mich. Ct. App. 1995).

Opinion

529 N.W.2d 387 (1995)

STATE of Minnesota, Respondent,
v.
Jim DILLON, Appellant.

No. C3-94-1248.

Court of Appeals of Minnesota.

March 21, 1995.

*389 Hubert H. Humphrey, III, Atty. Gen., James P. Spencer, Asst. Atty. Gen., St. Paul, Raymond F. Schmitz, Olmsted County Atty., Rochester, for respondent.

Melissa V. Sheridan, Asst. State Public Defender, St. Paul, for appellant.

Considered and decided by NORTON, P.J., PARKER and SCHUMACHER, JJ.

OPINION

PARKER, Judge.

The state filed a complaint charging appellant Jim Dillon with three counts of selling and aiding the sale of a controlled substance. See Minn.Stats. §§ 152.021, subd. 1(1); 152.022, subd. 1(1); 609.05. A jury convicted him on two first-degree counts and one second-degree count. He appeals from the judgment of conviction and from the order of forfeiture of bail and restitution to the drug task force. We affirm the conviction and order of forfeiture of bail, but reverse the restitution order.

FACTS

The controlled substance charges against appellant Jim Dillon arose from three separate transactions during which he allegedly sold or aided in the sale of cocaine to undercover police informant Timothy White. The state alleged that Dillon sold cocaine directly to White on one occasion and sold it through a middleman, Anthony LeMon, on two prior occasions.

White was a paid civilian informant supervised by police officer Bob Schei. White testified at the jury trial that he became acquainted with Dillon while drinking at a local bar. He told Dillon that he wanted to purchase cocaine. Dillon replied that he might be able to locate a source for cocaine, but was not sure. When they left the bar, White observed that Dillon and his girlfriend, Juliann Lenfesty, drove a "distinctive" black Chevrolet pickup truck. He informed officer Schei that he had established contact with a potential cocaine supplier.

White had been previously acquainted with Anthony LeMon. He testified that LeMon approached him four days later and offered to sell cocaine to him. LeMon told White that "his man" would deliver the cocaine to his residence at 5:30 the next day and that White could meet him there to purchase it. White agreed and conveyed this information to officer Schei. The next day, Schei met with White at a prearranged location and searched him for money and controlled substances. He then provided White with $510 and a monitoring device.

White drove to LeMon's residence at 5:30. He testified that he observed the distinctive black pickup truck that belonged to Dillon and Lenfesty parked in LeMon's driveway (at the time, White knew Dillon and Lenfesty only as "Jim" and "Julie"). He entered the house and observed Jim and Julie seated at the dining room table. LeMon told White "there was no longer a quarter-ounce available, only an eight-ball." White handed LeMon $225, and LeMon told him that he needed an additional 15 minutes. White left the house and drove to a nearby gas station, where Officer Schei debriefed him.

*390 During White's absence, a surveillance officer observed two persons exit LeMon's residence and drive in the black pickup truck to the address of Jim Dillon. The officer ran a license check and learned the truck was registered to Juliann Lenfesty. The officer testified that White returned ten minutes later. White entered LeMon's house and observed a bag containing white powder on the dining room table. LeMon told him, "there it is," and White took possession of what was later determined to be 3.1 grams of powder containing cocaine. Before leaving, he told LeMon that he wanted to purchase an additional one-half ounce or ounce of cocaine as soon as possible.

LeMon telephoned White four days later and said that he could provide one-half an ounce of cocaine. LeMon arranged the transaction: White would give LeMon $950; LeMon would walk to "Jim's" house to deliver the money; Jim would obtain the cocaine from "his guy;" Jim would deliver it to LeMon's house; and White would receive it at LeMon's house. White conveyed this information to Schei, who searched him and provided him with $950 and a monitoring device.

White testified that the transaction proceeded according to LeMon's arrangements. The surveilling officer observed LeMon walk to Dillon's residence and then return. He observed two persons (one of whom he identified as Lenfesty) drive in the pickup truck to a shopping center parking lot. They met briefly with the occupant of a vehicle registered to Dennis White, who was known to police as a suspected drug supplier. They returned to Dillon's residence, parked the truck, and walked to LeMon's residence.

White had persuaded LeMon to allow him to wait in a bedroom. He left the bedroom door ajar and testified that he observed Jim Dillon and Juliann Lenfesty enter LeMon's dining room. He heard Dillon tell LeMon that "his man" was worried that they were being watched. Dillon left the house. White emerged from the bedroom and LeMon gave him 11.4 grams of powder containing cocaine.

White telephoned Dillon six days later and arranged to purchase one-half an ounce of cocaine directly from him. Dillon invited White to his house. Officer Schei searched White and provided him with $1,000 and a monitoring device. White testified that, while inside Dillon's house, Dillon removed a bag of powder from a wooden cigar box and weighed it. He told White that he "wished I coulda gave you that deal like I did last time." White counted the money and exchanged it for 13.8 grams of powder containing cocaine.

Police obtained a search warrant and executed a search eight days later. They seized two bags of marijuana from Dillon's bedroom and one bag of marijuana from a jacket located in the dining room. The police also seized books entitled Drugs From A to Z: A Dictionary, and Drugs and Solutions. They did not find cocaine, plastic bags, a wooden cigar box, or a scale. The trial court admitted the marijuana and books into evidence. The court also admitted evidence of LeMon's plea of guilty to charges of cocaine trafficking and allowed in-court identification of LeMon dressed in prison clothing.

During opening and closing arguments, the prosecutor argued that Dillon was involved in a "drug distribution network." He also referred to threats allegedly made by Dillon to White, stating "this is a dangerous organization," and referred to a "Cuban connection." The jury convicted Dillon on all counts. Following trial, the court ordered forfeiture of Dillon's $5,000 cash bond for failing a chemical test and thereby violating an agreed-upon condition of release. The court also ordered Dillon to reimburse $3,175 to the drug task force, representing the money furnished to White to purchase cocaine.

ISSUES

I. Did the trial court abuse discretion (a) by admitting evidence of the accomplice's guilty plea; (b) by permitting in-court identification of the accomplice dressed in prison clothing; or (c) by admitting into evidence books and marijuana seized from Dillon's residence?

II. Did the prosecutor commit reversible misconduct by misconstruing the evidence during arguments to the jury?

*391 III. Was the evidence sufficient for the jury to convict Dillon for selling and aiding the sale of a controlled substance?

IV. Did the trial court err by ordering the forfeiture of Dillon's cash bail for violation of a condition of release?

V. Did the trial court err by ordering Dillon to pay restitution to the drug task force?

DISCUSSION

I. Admission of Evidence

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Cite This Page — Counsel Stack

Bluebook (online)
529 N.W.2d 387, 1995 WL 116624, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-dillon-minnctapp-1995.