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State v. Muncey7/2/2004
This case relates to the defendant's possessing marijuana, cocaine, and Alprazolam on February 7, 2001. Little is known about the facts of this case because the trial transcript has not been included in the appellate record. However, according to the facts in the presentence report, Detective Sean Chambers of the Kingsport Police Department and another detective saw what appeared to be a drug deal take place in the Red Lion Package Store parking lot. The detectives followed one of the cars involved to 1408 Prospect Drive, where the driver parked the car illegally. As the driver, who was the defendant, got out of the car, Detective Chambers approached him and identified himself as a police officer. He then saw the defendant drop a plastic bag on the ground and kick the bag underneath the car. Detective Chambers picked up the bag and saw that it contained four large balls wrapped in aluminum foil and three plastic bags with white powder in them. The detectives arrested the defendant, searched his person, and found a plastic bag containing marijuana in his front pants pocket. While searching the defendant's car, the detectives found a blue pill on the driver's side floorboard. They found another blue pill on the pavement where the defendant had kicked the plastic bag. The defendant was charged with possession of one-half gram or more of cocaine with intent to sell within one thousand feet of a school, a Class A felony; possession of one-half ounce or more of marijuana with intent to sell within one thousand feet of a school, a Class D felony; and possession of Alprazolam with intent to sell within one thousand feet of a school, a Class A misdemeanor.
On June 3, 2003, a jury convicted the defendant of misdemeanor possession of cocaine, marijuana, and Alprazolam. No witnesses testified at his August 29, 2003 sentencing hearing. According to the defendant's presentence report, the then thirty-five-year-old defendant had never been married and had no children. In the report, the defendant stated that he lived with his parents most of the time but that he traveled around a lot and stayed in cities such as Atlanta and Richmond for months at a time. The defendant reported that he graduated from high school and that he attended Virginia Highlands Community College and National Business College but dropped out. The defendant described his mental health as excellent and his physical health as fair and stated that he had diabetes. He also stated that he began using marijuana when he was twenty-five years old, that he used it once every two months, and that he had not used the drug in two years.
The report reflects that the defendant stated that on February 7, 2001, he was living in Gate City, Virginia, and came to Kingsport in order to see Angie Thombs. He said the two of them went to the Red Lion where he saw Kevin Scales. He said that he had not seen Mr. Scales in a few years, that Mr. Scales got into his car for about five to ten minutes, and that he and Ms. Thombs then drove to his cousin's house on Prospect Drive. He said that after he stopped the car and got out, a police officer approached him, told him to lean against the car, asked him if he had any weapons, and patted him down. He said that the officer found marijuana in his left pants pocket, that the police searched his car, and that the officers told him they had found cocaine and two pills. He said that the cocaine was not his, that the amount of marijuana was less than the amount alleged by the police, and that he had not known about the pills. According to the report, the defendant has two misdemeanor convictions for marijuana possession, four convictions for speeding, two DUI convictions, and misdemeanor convictions for driving without
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