Sutton v. State

972 P.2d 334, 114 Nev. 1327, 1998 Nev. LEXIS 153
CourtNevada Supreme Court
DecidedDecember 30, 1998
DocketNo. 28732
StatusPublished
Cited by1 cases

This text of 972 P.2d 334 (Sutton v. State) is published on Counsel Stack Legal Research, covering Nevada Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Sutton v. State, 972 P.2d 334, 114 Nev. 1327, 1998 Nev. LEXIS 153 (Neb. 1998).

Opinions

OPINION

By the Court,

Rose, J.:

Appellant Jerry Michael Sutton was charged with and convicted of trafficking in a controlled substance, possession of a controlled substance, and possession of a short-barrelled shotgun after his friend, Rickie Goodyear, who had become a confidential informant for the Henderson Police Department (HPD), made two controlled purchases of methamphetamine from Sutton at Sutton’s residence. During a search of Sutton’s home and property, officers found 10.28 grams of methamphetamine, marijuana, numerous weapons along with large quantities of ammunition, and prescription and non-prescription pills. Additionally, officers found a short-barrelled shotgun in an adjacent shed.

Although Sutton was not charged with possession of the prescription and non-prescription pills, during trial the State was allowed to introduce into evidence a container of the pills over Sutton’s objections. At the conclusion of trial, Sutton was sentenced to a term of six years’ imprisonment.

Sutton now appeals, arguing that the district court abused its [1329]*1329discretion in admitting the container of pills. We agree; thus, we reverse Sutton’s conviction and remand for a new trial.1

FACTS

During the first week of May 1994, Goodyear, one of Sutton’s friends, contacted HPD Detective Robert Wamsley and informed him that Sutton was selling methamphetamine from his residence. Goodyear had become angry with Sutton because he believed that Sutton was facilitating his wife’s affair with another man by permitting them to spend time together at Sutton’s home. As a result, Goodyear decided to seek revenge against Sutton by becoming a police informant.

Later that week, Goodyear again contacted Det. Wamsley and informed him that he had arranged to purchase methamphetamine from Sutton. Based on Goodyear’s tip, Det. Wamsley and Goodyear proceeded to Sutton’s residence to conduct a controlled purchase of methamphetamine. From his vehicle parked nearby, Det. Wamsley observed Goodyear and Sutton walk around the left side of Sutton’s house and through a gate. Approximately five minutes later, Goodyear returned from the same side of the house, got inside Det. Wamsley’s vehicle, and handed him two plastic bags of methamphetamine which Goodyear claimed he had purchased from Sutton. On May 10, 1994, Det. Wamsley and Goodyear made another similar controlled purchase of methamphetamine from Sutton at his residence.

Based on Goodyear’s two purchases of methamphetamine from Sutton, Det. Wamsley sought and was granted a warrant to search Sutton’s house. On May 12, 1994, HPD officers executed the search warrant. Sutton was not present when officers searched his home, although Sutton’s wife and son, along with his houseguest, John Skorheim, were present. During their search, HPD officers found a freezer in Sutton’s backyard which contained a plastic bag with 10.28 grams of methamphetamine and a quantity of marijuana. Additionally, officers found marijuana, large quantities of prescription and non-prescription drugs, numerous guns, and considerable amounts of ammunition inside Sutton’s residence. Lastly, officers found a short-barrelled shotgun in a shed adjacent [1330]*1330to Sutton’s house. Skorheim was asleep in the shed when the officers seized the weapon.

On April 10, 1995, Sutton was charged with five felony counts including two counts of selling a controlled substance, one count each of trafficking in and possession of a controlled substance, and one count of possession of a short-barrelled shotgun. The State did not charge Sutton with possession of the other firearms or prescription drugs.

During trial, Sutton admitted to the possession of the marijuana, but denied ownership of the short-barrelled shotgun. Further, Sutton denied making any sales of methamphetamine to Goodyear and contended that Goodyear had planted the methamphetamine on his property the day before Goodyear and Det. Wamsley made the first controlled purchase of the drug.

Sutton’s houseguest, Skorheim, testified that the short-barrelled shotgun belonged to him, and that Sutton had no knowledge that the weapon was in his possession. Additionally, Skorheim testified that on the day prior to the execution of the search warrant, he was present when Goodyear arrived at Sutton’s house and asked Sutton to store some methamphetamine for him so that Goodyear could retrieve the drugs the following day.

Det. Wamsley testified that Skorheim denied ownership of the short-barrelled shotgun on the day police searched Sutton’s residence. Although the State had not charged Sutton with possession of prescription drugs, during Det. Wamsley’s testimony the State introduced into evidence over Sutton’s objection a plastic container of large amounts of prescription and non-prescription drugs.

At the conclusion of trial, the jury found Sutton guilty of trafficking in and possession of a controlled substance, and possession of a short-barrelled shotgun. The district court sentenced Sutton to a term of six years in prison on the trafficking count, and two concurrent four-year prison terms for the possession of a controlled substance and the possession of a short-barrelled shotgun.

Sutton now appeals.

DISCUSSION

Sutton argues that the district court erred in admitting evidence of prescription and non-prescription drugs that were seized during the search of Sutton’s home because such evidence did not form the basis of any of the charged crimes. Specifically, Sutton maintains that the discovery of the container of pills, and any testimony relating to its seizure, could have been omitted without damaging [1331]*1331the State’s case as to the other charges. Accordingly, Sutton contends that the container of pills does not fall within the res gestae exception codified at NRS 48.035(3).2 We agree.

According to the res gestae doctrine,

when several crimes are intermixed or blended with one another, or connected such that they form an indivisible criminal transaction, and when full proof by testimony, whether direct or circumstantial, or any one of them cannot be given without showing the others, evidence of any or all of them is admissible against a defendant on trial for any offense which is itself a detail of the whole criminal scheme.

Allan v. State, 92 Nev. 318, 321, 549 P.2d 1402, 1404 (1976) (citing People v. Thomas, 83 Cal. Rptr. 879 (Ct. App. 1970)).

In State v. Shade, 111 Nev. 887, 894, 900 P.2d 327, 331 (1995), we revisited the applicability of the res gestae doctrine and explained that:

In reading NRS 48.035 as a whole, it is clear that where the res gestae doctrine is applicable ... the controlling question is whether witnesses can describe the crime charged without referring to related uncharged acts. If the court determines that testimony relevant to the charged crime cannot be introduced without reference to uncharged acts, it must not exclude the evidence of the uncharged acts.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Alfaro v. State
Nevada Supreme Court, 2023

Cite This Page — Counsel Stack

Bluebook (online)
972 P.2d 334, 114 Nev. 1327, 1998 Nev. LEXIS 153, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sutton-v-state-nev-1998.