Tate v. State

167 S.W.3d 655, 357 Ark. 369, 2004 Ark. LEXIS 304
CourtSupreme Court of Arkansas
DecidedMay 13, 2004
DocketCR 03-1441
StatusPublished
Cited by12 cases

This text of 167 S.W.3d 655 (Tate v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Tate v. State, 167 S.W.3d 655, 357 Ark. 369, 2004 Ark. LEXIS 304 (Ark. 2004).

Opinion

Tom Glaze, Justice.

Appellant Adam Tate was convicted of stice. controlled substance, possession of a controlled substance with intent to deliver, possession of drug paraphernalia with intent to manufacture, possession of drug paraphernalia, and maintaining a drug premise. The court of appeals reversed Tate’s conviction, holding that there was insufficient evidence to corroborate the testimony of his accomplices. However, because the court of appeals applied the wrong standard of review, we reverse that court and affirm Tate’s conviction.

On December 11, 2001, Little Rock Police officers executed a search warrant at about 3:00 a.m. at the home of Kerri Harris. Harris’s friend, Stacy Jester, and Jester’s boyfriend, Adam Tate, had also been living at the residence on Oak Lane for about two months. Harris was in the front yard when the officers arrived. When the officers entered the home, Jester and Tate were standing in the front bedroom of the residence Upon searching that bedroom, officers found numerous items that could be utilized in the use or manufacture of drugs, including a box of syringes, a blister pack of pseudoephedrine, a propane torch, torch head, another small torch, several plastic baggies with various residues, a set of digital scales, four spoons, a glass smoking pipe, a pyrex plate, coffee filters, an electric burner, and $384 dollars in cash. Officer Ken Blankenship testified that there was a chemical odor consistent with the manufacture of methamphetamine present in the bedroom. Officer Barry Flannery testified that other items were found in the trunk of a T oyota Camry parked in front of the house; those items, found inside a black tote bag, included camp fuel, drain opener, coffee filters, salt, tubing, and pseudoephedrine tablets. Harris, Jester, and Tate were all arrested and charged with various drugvrelated crimes.

Prior to trial, Tate filed a motion to suppress the evidence seized during the search, arguing that the affidavit in support of the nighttime search warrant was insufficient. After a hearing, the trial court denied the motion. At trial, Tate moved for directed verdict, arguing that he could not be convicted upon the uncorroborated testimony of accomplices. The trial court denied the motion, finding that there had been sufficient evidence tending to connect Tate with the crime. As noted above, the jury convicted Tate of the various drug-related charges against him. On appeal, Tate challenges the denial of both his directed-verdict motion and his motion to suppress.

For his first point on appeal, Tate argues that the trial court erred in failing to grant his motion for directed verdict, because the uncorroborated testimony of Harris and Jester was insufficient to support a conviction. When reviewing the sufficiency of the evidence, we determine whether there is substantial evidence to support the verdict, viewing the evidence in a light most favorable to the State. Martin v. State, 346 Ark. 198, 57 S.W.3d 136 (2001). Arkansas law is clear that a conviction “cannot be had in any case of felony upon the testimony of an accomplice . . . unless corroborated by other evidence tending to connect the defendant . . . with the commission of the offense.” Ark. Code Ann. § 16-89-lll(e)(l)(A) (Supp. 2003). The corroboration is not sufficient if it merely shows that the offense was committed and the circumstances thereof. § 16-89-lll(e)(l)(B). The corroboration must be sufficient, standing alone, to establish the commission of the offense and to connect the defendant with it. Marta v. State, 336 Ark. 67, 983 S.W.2d 924 (1999). The test for corroborating evidence is whether, if the testimony of the accomplice were totally eliminated from the case, the other evidence independently establishes the crime and tends to connect the accused with its commission. Martin v. State, supra.

Corroboration must be evidence of a substantive nature, since it must be directed toward proving the connection of the accused with the crime, and not directed toward corroborating the accomplice’s testimony. Meeks v. State, 317 Ark. 411, 878 S.W.2d 403 (1994). Circumstantial evidence may be used to support accomplice testimony, but it, too, must be substantial. Jones v. State, 349 Ark. 331, 78 S.W.3d 104 (2002). Corroborating evidence need not, however, be so substantial in and of itself to sustain a conviction. Andrews v. State, 344 Ark. 606, 42 S.W.3d 484 (2001). Rather, it need only, independently of the testimony of the accomplice, tend in some degree to connect the defendant with the commission of the crime. King v. State, 254 Ark. 509, 494 S.W.2d 476 (1973). However, evidence that only raises a suspicion of guilt is insufficient. Meeks, supra; Prather v. State, 256 Ark. 581, 509 S.W.2d 309 (1974). The presence of an accused in the proximity of a crime, opportunity, and association with a person involved in the crime are relevant facts in determining the connection of an accomplice with the crime. Andrews, supra; Passley v. State, 323 Ark. 301, 915 S.W.2d 248 (1996).

In reversing Tate’s conviction, the court of appeals held that, in order to connect Tate with the commission of the offense, the State was required to prove that Tate exercised care,' control, and management over the contraband in question and that Tate knew that the matter possessed was contraband. Tate v. State, 84 Ark. App. 184, 137 S.W.3d 404 (2003). That is, the court of appeals concluded that the proof tending to connect a defendant to the commission of an offense must rise to the same level of proof as is necessary to prove constructive possession.

In support of this conclusion, the court of appeals relied on Miles v. State, 76 Ark. App. 255, 64 S.W.3d 759 (2001), the case in which the court of appeals first applied the constructive-possession standard in an accomplice-testimony situation. In Miles, the court stated that, “[although constructive possession may be implied when the contraband is in the joint control of the accused and another person, joint occupancy, standing alone, is insufficient to establish possession or joint possession.” Miles, 76 Ark. App. at 258 (citing Stanton v. State, 344 Ark. 589, 42 S.W.3d 474 (2001)). However, the Stanton case, on which the court of appeals relied, did not involve a question regarding the corroboration of accomplice testimony; rather, it was a straightforward constructive possession case. Thus, the Miles court — and, by extension, the court in Tate — erred in its reliance on Stanton to support its determination that the corroborating proof, in a case premised on an accomplice’s testimony, must rise to the same degree of proof that would support a finding of constructive possession. That conclusion is inconsistent with this court’s settled rule that the corroborating evidence must “tend[ ] to connect the defendant with the commission of the offense.” Baughman v.

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Bluebook (online)
167 S.W.3d 655, 357 Ark. 369, 2004 Ark. LEXIS 304, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tate-v-state-ark-2004.