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State v. Haith5/6/2003
UNPUBLISHED
A decision without a published opinion is authority only in the case in which such decision is rendered and should not be cited in any other case in any court for any other purpose, nor should any court consider any such decision for any purpose except in the case in which such decision is rendered. See Rule of Appellate Procedure 30 (e)(3).
On 7 May 2001, defendant was indicted on charges of possession of a firearm by a felon, trafficking by possessing cocaine, possession with intent to sell or deliver cocaine, trafficking by transporting cocaine, and conspiracy to traffic cocaine. The case was tried at the 24 September 2001 Criminal Session of Guilford County Superior Court.
The State presented evidence at trial which tended to show the following: On 7 March 2001, Deputy Randall Shepherd of the Guilford County Sheriff's Department was on patrol when he noticed a 1991 Mercury Grand Marquis operating with no license tag. DeputyShepherd observed three people in the car. Deputy Shepherd pulled behind the car and began to follow it and observed the car "jerking back and forth across the roadway." Deputy Shepherd activated his blue lights and the car stopped directly in the travel lane. Deputy Shepherd testified that after the car stopped, he observed the driver and the person in the passenger seat switch places, climbing "over and around each other." Deputy Shepherd ordered the person sitting in the driver's seat out of the car, while defendant remained in the vehicle in the passenger seat. Deputy Shepherd called for backup, and Officer Gordon Snaden arrived at the scene shortly thereafter. While he waited, Deputy Shepherd noticed defendant reach for his upper left leg several times, in response to which Shepherd ordered defendant to put his hands in the air.
Before Officer Snaden arrived, Deputy Shepherd turned his attention to defendant's leg to see what defendant had been reaching for. Deputy Shepherd put his hand under defendant's left upper leg and retrieved a plastic bag from the seat underneath defendant's leg. The bag contained a black pistol.
Officer Snaden asked defendant to exit the car, handcuffed him, walked him over to one of the police cars and patted him down. When Officer Snaden reached defendant's right ankle, he noticed two lumps in defendant's sock. Officer Snaden removed the items which appeared to be rocks of crack cocaine packaged in clear plastic sandwich bags. The car that defendant was in was later searched by canine, and a plastic bag containing a third rock of crack cocaine was found underneath the passenger seat of the vehicle. Testinglater confirmed that the three plastic bags collectively contained 56.6 grams of crack cocaine.
Defendant was taken to jail and given a Breathalyzer test, the result of which showed that defendant had a blood alcohol level of .19. At trial, defendant testified that he had been drinking heavily all day, that he passed out, and that he did not wake up until the car he was in was stopped by the police. Defendant further testified that he knew nothing about the drugs found on his person or in the vehicle.
Defendant was convicted of trafficking in cocaine by possession, trafficking in cocaine by transportation, and possession of a firearm by a felon. Defendant was sentenced to a term of seventeen to twenty-one months imprisonment for the firearm charge, and a consecutive term of thirty-five to forty-two months imprisonment for the drug charges. Defendant appeals.
Defendant first argues that the trial court erred by denying his motion to dismiss made at the close of the State's evidence. However, by introducing evidence at trial on his own behalf,
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