Court of Criminal Appeals of Tennessee, Nashville
Assigned on Briefs March 11, 2015
Appeal from the Criminal Court for Clay County No. 2012-CR-91 David Patterson, Judge.
Michael R. Giaimo, Cookeville, Tennessee, for the appellant, William C. Boles.
Herbert H. Slatery III, Attorney General and Reporter; Sophia S. Lee, Assistant Attorney General (Senior Counsel); Bryant C. Dunaway, District Attorney General; and Mark Gore, Assistant District Attorney General, for the appellee, State of Tennessee.
James Curwood Witt, Jr., J., delivered the opinion of the court, in which Camille R. McMullen and Roger A. Page, JJ., joined.
JAMES CURWOOD WITT, JR., JUDGE.
A Clay County Criminal Court jury convicted the defendant of two counts of the delivery of oxycodone within a drug-free school zone and one count of possession with intent to sell oxycodone within a drug-free school zone based upon evidence that the defendant sold and possessed oxycodone at his residence, which was located less than 1, 000 feet from the Clay County Alternative School.
On June 23, 2012, Clay County Sheriff's Office Detective Randall Clayton met with a confidential informant, Travis Webb, who had reported to Detective Clayton that he could purchase oxycodone from the defendant. Detective Clayton searched Mr. Webb's person and his vehicle, and then he outfitted Mr. Webb with audio recording equipment and placed hidden video recording equipment inside Mr. Webb's vehicle. Detective Clayton provided Mr. Webb with cash to purchase the drugs. Mr. Webb placed a monitored and recorded telephone call to the defendant, who agreed to sell Mr. Webb oxycodone. Detective Clayton and other officers followed Mr. Webb as he drove toward the defendant's residence, but they stopped in a parking lot near the defendant's residence to set up a location for monitoring the impending transaction.
When Mr. Webb arrived at the defendant's residence, the defendant got into Mr. Webb's vehicle and gave him one 40-milligram oxycodone tablet in exchange for $40. The entire transaction was video recorded, and the video recording as well as still photographs taken from the recording were exhibited at trial. Both the recording and the photographs clearly show the defendant's face. After leaving the defendant's residence, Mr. Webb met Detective Clayton at a secure location and gave him the tablet he had purchased from the defendant. Testing performed by the Tennessee Bureau of Investigation ("TBI") established that the tablet was oxycodone.
On July 19, 2012, Detective Clayton arranged a second controlled buy between the defendant and Mr. Webb. Detective Clayton again searched Mr. Webb and Mr. Webb's vehicle and outfitted Mr. Webb with audio recording equipment. Mr. Webb was provided with a video recording device hidden inside what appeared to be the keyless entry remote for Mr. Webb's vehicle. Detective Clayton provided Mr. Webb with cash. Mr. Webb made another monitored and recorded telephone call to the defendant, and the defendant again agreed to sell Mr. Webb oxycodone. Mr. Webb traveled to the defendant's residence, followed by Detective Clayton and other officers, who again set up a monitoring station in a parking lot near the defendant's residence.
When he arrived at the defendant's residence, Mr. Webb went inside, where the defendant gave him a single 40-milligram oxycodone tablet in exchange for $40. This transaction was also caught on video, and the video recording and several still photographs taken from it were entered into evidence. Again, the defendant's face was clearly visible in the recording and photographs. Mr. Webb left the defendant's residence and traveled to a secure location, where he gave Detective Clayton the tablet he had purchased from the defendant. TBI testing confirmed that the tablet was oxycodone.
Detective Clayton and other members of the Clay County Sheriff's Office executed a search warrant at the defendant's residence on July 20, 2012. Inside the defendant's bedroom, the officers found a blue bottle hidden inside a trash can; the bottle contained four 40-milligram oxycodone tablets that were similar to those purchased from the defendant by Mr. Webb and four-and-a-half tablets of another form of oxycodone. The bottle also contained roxycodone tablets. In the defendant's mother's bedroom, officers found a medication bottle that contained 19 30-milligram oxycodone tablets. The label affixed to the bottle of oxycodone found in the defendant's mother's room indicated that it belonged to the defendant and that the prescription for 136 oxycodone tablets had been filled on July 12, 2012.
TBI testing confirmed, and the parties stipulated, that the eight and one-half pills discovered in the blue bottle found inside the defendant's room and the 19 pills found inside the bottle that was located in the defendant's mother's room were oxycodone.
Upon questioning by officers, the defendant acknowledged that the oxycodone discovered inside the residence belonged to him and that he had been selling the pills "three times a day for the past month" as a means to ...