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State v. Wilson5/4/2005
I. Facts
The Defendant, William Henry Wilson, pled guilty to one count of delivery of less than .5 grams of a schedule II controlled substance, cocaine, a Class C felony, in case number C-14607, and to one count of delivery of .5 grams or more of a schedule II controlled substance, cocaine, a Class B felony, in case number C-14608. At the sentencing hearing, the parties stipulated that, had this case gone to trial, the State would prove:
The [confidential informant] was equipped with an electronic listening device, $200 of marked buy money. The [confidential informant] was followed directly to the residence on Homer Avenue, which is where the Defendant then lived. And by [the officer] and Agent Bobby Shaffer, the [confidential informant] was observed entering the residence. The [confidential informant] made contact with an older black male identified as . . . this Defendant . . . the [confidential informant] then gave the $200 buy money to [the Defendant], who stated that he would return in a few minutes with $200 worth of crack cocaine. The [confidential informant] then observed [the Defendant] leave the residence on foot and then return several minutes later driving the . . . vehicle. When [the Defendant] entered the residence, he exchanged four-tenths of a gram with the CI for $150 of the money.
In the other transaction . . . he [confidential informant] made contact with [the Defendant] at his residence. The [confidential informant] then spoke to [the Defendant] regarding purchasing cocaine. At this time, [the Defendant] made a telephone call, told the [confidential informant] it would be a few minutes. After a few minutes, [the Defendant] left the residence, returned a short time later with three bags containing cocaine. The [confidential informant] then exchanged $100 of marked buy money with [the Defendant] for the three bags of cocaine.
And I believe the indictment set out that one of those transactions was on October 23rd of 2002 and the other was on October 24th, 2002.
ne of the transaction looks like 1.2 grams . . . and one is 0.3 [grams] . . . .
The Defendant's presentence report was admitted into evidence. The presentence report showed that the Defendant was sixty-two years old, and the Defendant told the investigating officer "that he knew somebody that had some cocaine and was getting the cocaine for someone else. He said he had done this a few times before as a favor for friends." The report stated that no mitigating factors were filed by the defense in this case, and none were discovered during the presentence investigation. The Defendant admitted to being convicted of a felony in Kentucky in 1980. The Defendant also indicated to the investigating officer that he was not in good health, mentally or physically. He said that he suffers from: depression; post traumatic stress disorder; and knee, foot and jaw problems. Further, he said that he is getting treatment for these problems at the V.A. hospital in Johnson City. The Defendant admitted to drinking some alcohol, using marijuana a year prior, and using cocaine on occasion, with his last use a few months prior to the presentence investigation. The VA hospital records indicated that the Defendant was prescribed a number of medications. Further, they indicated that the Defendant tested positive for opiates and cocaine. The Defendant indicated that his only family is a daughter, with whom he has infrequent contact. The Defendant received his GED in 1961, and he was honorably discharged from the Army in 1966 after serving six years.
The Defendant confirmed much of the information in the presentence report, and he also stated that he does not recall
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