State v. Little

854 S.W.2d 643, 1992 Tenn. Crim. App. LEXIS 404, 1992 WL 479510
CourtCourt of Criminal Appeals of Tennessee
DecidedMay 13, 1992
Docket01C01-9108-CR-00239
StatusPublished
Cited by140 cases

This text of 854 S.W.2d 643 (State v. Little) 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. Little, 854 S.W.2d 643, 1992 Tenn. Crim. App. LEXIS 404, 1992 WL 479510 (Tenn. Ct. App. 1992).

Opinion

OPINION

SUMMERS, Judge.

This case presents the appeals of Bruce Edward Little and Charles J. Miller from their convictions in the Davidson County Criminal Court. A jury found appellant Little guilty of conspiracy to deliver over 30 grams of cocaine, delivery of over 30 grams of cocaine, and possession with intent to deliver over 30 grams of cocaine. The same jury convicted appellant Miller of conspiracy to deliver over 30 grams of cocaine, possession of cocaine with intent to deliver, and possession of a firearm in the commission of a felony. The trial court sentenced Little to serve 3 consecutive 12-year sentences for a total of 36 years. The trial court sentenced Miller to serve 10 years for each of the drug related charges and 3 years for possession of a firearm. The sentences for the drug convictions were to run concurrently with each other but consecutively to the firearm charge for a total of 13 years. Both appellants challenge their convictions and sentences.

FACTS

In June of 1989, the Davidson County Drug Task Force received certain information that caused it to initiate an investigation at the Bavaria Apartments. An anonymous informant relayed to the Task Force that illegal activity was taking place at 4501 Packard Drive which was an address within the apartment complex. It was later learned that the residents of that apartment were Bruce Little and Trina Thomp *645 son. 1 While conducting a surveillance of the residence, officers noticed three cars, a 1985 Mercedes, a 1979 Corvette and a 1982 Buick Regal, parked in the driveway. All three vehicles were registered in the name of Ms. Thompson. Officer Phillip Taylor of the Drug Task Force testified that he received further information that Little and Thompson had moved to a house on Chesapeake Drive. Again the informant relayed that unlawful behavior was taking place at this address. Specifically, the anonymous caller stated that Little and Thompson were dealing in kilos and ½ kilos of cocaine. Thus, officers set up a surveillance at the Chesapeake Drive residence. On June 28, 1989, while conducting a surveillance, Officer James W. McWright observed a 1985 Cadillac Seville arriving at the Chesapeake Drive home. The driver and passenger of this automobile were appellant Miller and co-defendant Shannon Benton. 2 They knocked on the door and entered the home of Little and Thompson. Later both appellants came out of the home and Miller moved his car so Little could get out. Miller then went back into the house. Officer Taylor followed Mr. Little to an Econo Lodge motel.

Little went into a room at the motel, but only for a very short period of time. He then reentered his ear and officers followed the car back to Little’s home. As he walked to the door, Officer McWright noticed that Little had a package in his hand. It was a plastic bag with writing on it. Officer McWright testified at trial that he had learned through various investigations and drug schools that cocaine is ordinarily wrapped and packaged in brick form and it was on this basis that he concluded that Little was probably carrying ¾⅛ kilo of cocaine. When Little took the package inside his house, he was “looking up and down the street to see if anybody was standing out or if he could see anybody looking.” Approximately five minutes later, appellant Miller left the house with the exact same package in his hand. One officer described these facts as a “text book” drug transaction.

Officer McWright instructed Officer Taylor to stop the Cadillac driven by Miller. After stopping Miller and Benton who was sitting in the passenger’s seat, Officer Taylor patted Miller down and found a .22 caliber pistol in his right front pocket. Miller was arrested. Another officer got Benton out of Miller’s car and retrieved a package which contained approximately kilogram of cocaine from the passenger’s side. Miller’s gun had five rounds of ammunition in it. He was also wearing a beeper at the time. Officer Taylor obtained a warrant to search the home of Mr. Little and Ms. Thompson. When he conducted the search, Ms. Thompson was there with two small children. He found $1,380.00 in cash in the bedroom, a cocaine grinder with residue on it, a strainer with cocaine residue on it, a motel receipt, another $100.00 in cash in another room, two lock box keys in a purse, a rifle and a shotgun. While he was conducting this search, two other officers went to draft a search warrant for the Econo Lodge, Room 215.

Officer Taylor was present at the search of the Econo Lodge motel room. That room was registered to Rose Flynn who used 3524 Chesapeake as her address. Actually, that was the address of Little and Thompson. When the officers executed the search warrant, the occupants included Rose Flynn, David Clark and a small child. Found inside were 4¾⅞ kilograms of cocaine in one suitcase. The ½ kilo which had been seized from appellant Miller was in a plastic bag which matched the packaging of the four and ½ kilos. Specifically, it was possible to match up the “cut” edges of the two packages as well as the writing which was on some tape.

Officers found in Clark’s possession a paper with the name “Vinnie” and a Miami phone number written thereon. By this time, Little had been arrested; and officers were with Ms. Thompson to make sure she *646 could not call and warn the people in the motel room. Officer Taylor asked David Clark to make a call to Vinnie which was taped with Clark’s permission. The approximate value of the cocaine found in the motel room was well over $500,000.

The parties stipulated that the substance on the grinder that was found was cocaine; that the metal sifter was not tested; that the package taken from appellant Miller contained 518 grams of cocaine which was 89% pure; and the packages found in the motel room contained 4,781 grams of cocaine which was 93% pure.

One officer, in testifying about Mr. Little’s arrest, stated that he found a copy of an automobile rental agreement in Little's possession. The agreement showed that the car had been rented six days earlier and had been driven a total of 1,972 miles. That same officer testified that it is approximately 1,800 miles from Nashville to Miami and back to Nashville. Little had been billed for the rental of that car which was returned earlier that day.

Officer Taylor testified about certain documents found at the Chesapeake residence. He discussed a number of receipts that were found at this home representing expenditures for motels, stereo equipment, jewelry, airline tickets and automobiles. For the period of June 1, 1988, to July 1, 1989, the receipts totaled more than $75,-000. These purchases did not include any expenses for items such as food, entertainment, or utilities. The appellant’s 1987 and 1988 tax returns showed adjusted gross incomes of $18,953 and $10,806 respectively-

David Clark pleaded guilty to various charges stemming from the night of his arrest. At the time of the instant trial, Clark had not been sentenced. He received no deal from the state, but hoped that his cooperation might help in his sentencing. He testified that he had known appellant Little for one and one-half years. He originally met him through a man named Richard Green, also known as “Pop.” He had seen Green purchase six or seven ounces of cocaine from Little on a prior occasion.

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Cite This Page — Counsel Stack

Bluebook (online)
854 S.W.2d 643, 1992 Tenn. Crim. App. LEXIS 404, 1992 WL 479510, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-little-tenncrimapp-1992.