State v. Reid

735 S.E.2d 389, 224 N.C. App. 181, 2012 N.C. App. LEXIS 1365
CourtCourt of Appeals of North Carolina
DecidedDecember 4, 2012
DocketNo. COA12-340
StatusPublished
Cited by7 cases

This text of 735 S.E.2d 389 (State v. Reid) is published on Counsel Stack Legal Research, covering Court of Appeals of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Reid, 735 S.E.2d 389, 224 N.C. App. 181, 2012 N.C. App. LEXIS 1365 (N.C. Ct. App. 2012).

Opinion

HUNTER, JR., Robert, N., Judge.

Daniel Joseph Reid (“Defendant”) appeals from a judgment entered after a jury convicted him of trafficking in cocaine by possession pursuant to N.C. Gen. Stat. § 90-95(h)(3)(a) (2011). Defendant contends the trial court erred by (1) failing to advise him of his right to hire a private attorney; (2) denying his request for a jury instruction concerning entrapment; (3) failing to disclose the names of the confidential informants involved in the investigation and their communications with law enforcement officials; and (4) denying his motion to suppress evidence. Upon review, we find no error.

I. Facts & Procedural History

On 19 July 2010, Detective Pete McKeon (“McKeon”), a Raleigh Police detective, received a phone call from “Jim,” a confidential informant who had in the past provided McKeon with reliable information Jeading to several drug arrests (“Jim” is a pseudonym used for reading clarity). Jim told McKeon that Defendant was obtaining cocaine in Winston-Salem and Greensboro and “purchasing large amounts of cocaine” to bring to the Raleigh area. Jim also gave McKeon Defendant’s address in Raleigh and told him Defendant drove a white Ford pick-up truck. Following this tip, McKeon began surveillance of Defendant’s residence. McKeon also searched DMV records. This search revealed a Ford pick-up truck was registered in Defendant’s name. Over the next several weeks, McKeon observed Defendant at his residence. He also observed Defendant’s pick-up truck in the driveway.

[183]*183On 6 August 2010, McKeon received a phone call from “Ned,” a second informant who had also provided McKeon with reliable information in the past (“Ned” is a pseudonym used for reading clarity). Ned corroborated Jim’s information.

McKeon and Jim planned a fictitious drug deal during which Defendant would use Jim’s vehicle to obtain cocaine in Winston-Salem, meet at Jim’s hotel room in Durham, and then return to Raleigh with Jim to sell one ounce of cocaine to Jim’s friend. McKeon testified he planned to arrest Defendant with the cocaine prior to sale. McKeon asked Jim’s permission to place a GPS unit on Jim’s vehicle, and Jim consented.

Around noon on 9 August 2010, Jim called McKeon and told him Defendant was on his way to Jim’s Durham hotel room. Two hours later, Jim told McKeon that Defendant was now on his way to Winston-Salem in Jim’s vehicle. McKeon tracked Defendant’s trip to Winston-Salem via GPS. As planned, Defendant obtained cocaine in Winston-Salem and returned to Jim’s hotel room, where he showed Jim the cocaine.

However, Defendant suddenly decided to abandon the prearranged drug sale. Instead, he drove his pick-up truck to a friend’s apartment at 1301 Durlain Drive in Raleigh. Jim followed Defendant and gave the address to McKeon. He also told McKeon that Defendant’s pick-up truck was parked, on the side of the apartment building.

Detective McKeon, Sergeant Core (“Core”), and Detective E. Gibney (“Gibney”) drove to 1301 Durlain Drive without a search warrant. As Jim predicted, they saw Defendant’s white Ford pickup truck parked at the side of the building. The officers waited, watching the truck. Twenty to thirty minutes after their arrival, Defendant exited the building and walked toward his truck. Once Defendant opened the truck’s door, McKeon, Core, and Gibney identified themselves as police officers and approached Defendant. Gibney detained Defendant and immediately smelled a very strong odor of marijuana. McKeon then began to frisk Defendant for weapons.

During the search, McKeon felt a “large bulge” in Defendant’s pocket. He testified that given his “training and experience,” he “knew exactly what it was once [he] felt it.” He said “[i]t was packaged like narcotics would be packaged.” He removed a white plastic grocery bag that contained two smaller plastic bags. The smaller bags were vacuum-sealed, which Gibney testified is a common technique [184]*184in the drag trade to mask the smell of drugs from police dogs. Gibney photographed the bag and placed it inside an evidence folder. McKeon then arrested Defendant for possession of cocaine and took him to the police station.

At the police station, Gibney and Detective Patchin packaged the evidence. The Raleigh Police Department then delivered the sealed package to the Wake County City-County Bureau of Identification (CCBI) laboratory. Irvin Lee Allcox, a forensic drag chemist with the CCBI, determined one of the bags contained 49.9 grams of cocaine and the other contained 32.5 grams of cocaine.

On 27 September 2010, Defendant was indicted for trafficking in cocaine by possession of 28 grams or more but less than 200 grams. N.C. Gen. Stat. § 90-95(h)(3)(a) (2011). Defendant was declared indigent and received court-appointed counsel. On 23 November 2010, Defendant filed motions to suppress the cocaine and to reveal the identity of the confidential informants. The trial court denied both of Defendant’s motions on 21 January 2011.

Defendant was tried during the 27 January 2011 Criminal Session of the Superior Court of Wake County. Before the jury was impaneled, Defendant told the court he disapproved of his appointed counsel’s trial strategy. The court inquired into these concerns:

[THE COURT:] Mr. Reid, you understand that you have a right to counsel. You’ve been found indigent. [Appointed counsel] has been appointed to represent you. What is going on now?
THE DEFENDANT: Well, you know, the motion hearing was a disaster. Unfortunately, [appointed counsel] did-n’t even bother to come talk to me about what our strategy was or anything like that.
THE COURT: . .. [A]s you know, indigent defendants do not have the right to select their lawyer. I do understand that you are dissatisfied with the ruling.
THE COURT: Are there any other issues that you want to bring to my attention that you feel like are reasons [appointed counsel] cannot represent you?
[185]*185THE DEFENDANT: Well, you know, he wants to move forward with no witnesses on my behalf, you know, no documentation, nothing, okay?
THE COURT: Let me understand. Where we are is, you are unhappy with what [appointed counsel] has done so far?
THE DEFENDANT: Uh-huh.
THE COURT: And let me tell you where we’re going to go from here. I’m going to talk to him and I’m going to decide whether we’ve got any issue that would cause me to appoint new counsel, if you want new counsel. If we don’t — that is, if I don’t find there’s a conflict of interest or ineffective assistance of counsel, there are often disagreements between defendant and lawyer, and that doesn’t — if I don’t find a reason to substitute a new lawyer, then you’ll be faced with a choice whether to proceed with [appointed counsel] or to proceed without a lawyer, okay?
THE DEFENDANT: Yes, Your Honor.
THE COURT: Is there anything else we should talk about before I talk to [appointed counsel]?
THE DEFENDANT: I think that pretty much summed up that I’m unhappy with his services, didn’t do any investigation at all, zero investigation was done.
THE COURT: . . .

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Cite This Page — Counsel Stack

Bluebook (online)
735 S.E.2d 389, 224 N.C. App. 181, 2012 N.C. App. LEXIS 1365, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-reid-ncctapp-2012.