Washington v. Com.

597 S.E.2d 256
CourtCourt of Appeals of Virginia
DecidedJune 8, 2004
Docket3211021
StatusPublished

This text of 597 S.E.2d 256 (Washington v. Com.) is published on Counsel Stack Legal Research, covering Court of Appeals of Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Washington v. Com., 597 S.E.2d 256 (Va. Ct. App. 2004).

Opinion

597 S.E.2d 256 (2004)
43 Va.App. 291

Paul Donald WASHINGTON
v.
COMMONWEALTH of Virginia.

Record No. 3211-02-1.

Court of Appeals of Virginia, Chesapeake.

June 8, 2004.

*258 Theophlise Twitty (Jones and Twitty, on brief), Williamsburg, for appellant.

*259 Paul C. Galanides, Assistant Attorney General (Jerry W. Kilgore, Attorney General, on brief), for appellee.

Present: ELDER, CLEMENTS and FELTON, JJ.

CLEMENTS, Judge.

Paul Donald Washington was convicted in a bench trial of possessing marijuana with intent to distribute, in violation of Code § 18.2-248.1(a)(2), and of transporting more than five pounds of marijuana into the Commonwealth with intent to distribute, in violation of Code § 18.2-248.01. On appeal, Washington contends the trial court erred (1) in denying his motion to suppress the statement he made to police and (2) in finding the evidence sufficient to support his conviction on the transporting charge. Finding no error, we affirm the convictions.

I. BACKGROUND

At trial, Washington and the Commonwealth stipulated to the following facts: On November 7, 2001, in the City of Newport News, a trained drug-detection dog alerted on a suspicious postal parcel that was ostensibly en route to "J & G Electronics," with a delivery address at a store in Newport News called Mail Boxes Etc. After a search warrant was obtained, the parcel was delivered to the Mail Boxes Etc. store. Subsequent analysis proved that the parcel contained over twelve pounds of marijuana.

Later that day, Detective Fowler of the Newport News Police Department, acting undercover as a clerk at Mail Boxes Etc., observed Washington enter the business, talking on a cell phone. Washington approached the counter and requested the parcel by asking for "box 158." Detective Fowler retrieved the parcel and presented it to Washington with the label facing up and toward Washington so he could read it. Washington asked if Fowler needed his signature for the parcel. When Fowler stated that he did not, Washington took the parcel and left the Mail Boxes Etc. store.

After leaving the store, Washington was arrested by Virginia State Police Special Agent William Stooks. Washington had an identification card bearing a false name and fictitious social security number. When questioned by Agent Stooks, Washington admitted that "J & G Electronics" was a fictional company and that he had "just recently opened" the mail box at Mail Boxes Etc., "as instructed by" a man known to him only as "P," to receive "the package of marijuana." Washington further told Stooks that "P" had promised to pay him $1,000 to receive the parcel and keep it until "P" "picked it up." Washington stated that "P" "supposedly" lived in Martinsburg, West Virginia, but he did not know his address. Washington also stated that "P" telephoned him from California that morning to say that the parcel would arrive that day and that he would call Washington that weekend to arrange to pick up the parcel from him.

Prior to trial, Washington moved to suppress his statement to Agent Stooks, arguing that it was given both involuntarily and in violation of his Miranda rights. At the suppression hearing, Stooks testified that, upon placing Washington under arrest, he advised him of the charges he faced and transported him to the Newport News Police Department. Stooks further testified that, once inside an interview room at the police station, he advised Washington of his Miranda rights, including his "right to an attorney" and his "right to remain silent." Stooks further advised Washington that "[a]nything he said could and [would] be used against him in a court of law." Washington informed the officer that he understood his rights and was willing to give a statement "without his attorney being present." Washington did not sign a waiver form, and the interview was not recorded.

Stooks also testified that, after advising Washington of his Miranda rights, he told Washington that, "if he wanted to cooperate as an informant that it would be run by the Commonwealth['s] Attorney and any cooperation ... would [surely] be given favorable consideration." Stooks testified he did not make any threats or promises to Washington, did not promise Washington any specific consideration from the Commonwealth's Attorney's office in exchange for his cooperation, *260 and never told him that he "could get rid of any charges that he had if he cooperated."

Washington testified that, while transporting him to the police station, Stooks told him he could "make it all disappear" and that he could "talk to the Commonwealth['s] Attorney and get [him] out of this" if he cooperated. Washington further testified Stooks told him that, if he did not cooperate, he would make sure Washington's bond was so high he would not be able to get out of jail "until after the court date." Washington also testified that he gave his statement to Stooks when they reached the police station because he "wanted to get out." He further testified that Stooks later appeared before the magistrate and helped him obtain a bond of $20,000. According to Washington, Stooks did not advise him of his Miranda rights until after he had given his statement. Washington, who was thirty years old and had completed one year of college, admitted that he had previously been convicted of three felonies, one of which involved lying, stealing, or cheating.

Arguing Washington was not a credible witness, the Commonwealth asked the court to accept Agent Stooks's testimony and deny the motion. The trial judge denied the motion to suppress, stating that Washington was well experienced in dealing with the police and that nothing "happened in this particular case that caused this not to be a voluntary statement."

Following the presentation of the stipulated evidence at trial, Washington moved to strike the charge of transporting drugs into the Commonwealth, arguing the evidence was insufficient to prove that he, as the recipient of the package shipped into the Commonwealth by someone else, "transported" the marijuana into the Commonwealth. Washington also argued that Code § 18.2-248.01 "was not designed" to authorize his conviction as a principal in the second degree. The Commonwealth argued Washington aided and abetted "P" in transporting the marijuana into Virginia and was, therefore, a principal in the second degree. Concluding the scope of Code § 18.2-248.01 was not intended to be limited to "the person who mailed" the drugs into the Commonwealth, the trial court denied Washington's motion to strike.

The court subsequently convicted Washington of possessing the marijuana with intent to distribute, in violation of Code § 18.2-248.1(a)(2), and of transporting the marijuana into the Commonwealth with intent to distribute, in violation of Code § 18.2-248.01. This appeal followed.

II. MOTION TO SUPPRESS

On appeal, Washington maintains his incriminating statement to Agent Stooks regarding the package of marijuana sent to him from outside Virginia was not made voluntarily and was obtained in violation of Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966), because Stooks did not advise him of his rights prior to questioning. Thus, he contends the trial court erred in denying his motion to suppress the statement. We disagree.

"In reviewing a trial court's denial of a motion to suppress, `the burden is upon [the appellant] to show that the ruling... constituted reversible error.'" McGee v. Commonwealth,

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Bluebook (online)
597 S.E.2d 256, Counsel Stack Legal Research, https://law.counselstack.com/opinion/washington-v-com-vactapp-2004.