Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

McAlpin v. State

Court of Criminal Appeals of Tennessee, Knoxville

April 21, 2017

RODERICK MCALPIN
v.
STATE OF TENNESSEE

          Assigned on Briefs March 21, 2017

         Appeal from the Criminal Court for Knox County No. 106314 Steven Wayne Sword, Judge

         The petitioner, Roderick McAlpin, appeals the denial of his post-conviction petition, arguing the post-conviction court erred in finding he received effective assistance of counsel at trial. Following our review, we affirm the denial of the petition.

         Tenn. R. App. P. 3 Appeal as of Right; Judgment of the Criminal Court Affirmed

          Leslie M. Jeffress, Knoxville, Tennessee, for the appellant, Roderick Jermaine McAlpin.

          Herbert H. Slatery III, Attorney General and Reporter; Lacy Wilber, Assistant Attorney General; Charme P. Allen, District Attorney General; and Philip H. Morton, Assistant District Attorney General, for the appellee, State of Tennessee.

          J. Ross Dyer, J., delivered the opinion of the court, in which John Everett Williams and Timothy L. Easter, JJ., joined.

          OPINION

          J. ROSS DYER, JUDGE

         FACTS

         A Knox County jury found the petitioner guilty of four felony drug offenses and the offense of criminal trespass for acts committed on September 11, 2012. The drug convictions consisted of possession with intent to sell more than 0.5 grams of cocaine within 1000 feet of a public school, possession with intent to deliver more than 0.5 grams of cocaine within 1000 feet of a public school, possession with intent to sell more than 0.5 grams of cocaine within 1000 feet of a child care agency, and possession with intent to deliver more than 0.5 grams of cocaine within 1000 feet of a child care agency. The trial court merged the four convictions into one Class A felony conviction for possession of more than 0.5 grams of cocaine with the intent to sell within 1000 feet of a public school. The trial court imposed an effective sixteen-year sentence to be served at one hundred percent pursuant to the enhancements afforded under the Drug-Free School Zone Act, and the petitioner appealed.[1] Tenn. Code Ann. § 39-17-432.

         On direct appeal, this Court summarized the factual and procedural history of the petitioner's case as follows:

Officer Joel Ascencio of the Knoxville Police Department testified that on September 11, 2012, he was patrolling the area of the Western Heights housing project. At around 3:30 a.m., he observed [the petitioner] walking between some buildings. Officer Ascencio approached [the petitioner] to ask if he lived there. Officer Ascencio testified that the area is a "high crime" area and that the housing project maintains a "no trespass list" to keep non-residents from being on the property. As Officer Ascencio approached [the petitioner], he saw [the petitioner] make a throwing motion with his hand. Officer Ascencio asked [the petitioner] if he lived there. [The petitioner] had a strong odor of alcohol on his breath. Officer Ascencio discovered that [the petitioner] was on the no trespass list and had already been "served" with notice not to trespass. Officer Ascencio told [the petitioner] to sit on the curb in front of his cruiser while Officer Ascencio waited for another officer to arrive. Officer Ascencio walked over to the area where [the petitioner] had been standing and found a bag of crack cocaine lying in the grass. He testified that the bag was on top of the grass and was "not embedded at all." Officer Ascencio testified that less than ten minutes had elapsed between the time he saw [the petitioner] make the throwing motion and the time he found the crack cocaine. Officer Ascencio did not see any other pedestrians or motorists in the area at the time. [The petitioner] did not have any drug paraphernalia on his person. Officer Ascencio used a field test kit to weigh the crack cocaine, which weighed 2.8 grams. Officer Ascencio testified that the consistency and size of the individual rocks indicated to him that they were intended to be sold or delivered.
Sergeant Joshua Shaffer was qualified by the trial court to testify as an expert in the area of drug investigation. Sergeant Shaffer examined the crack cocaine found by Officer Ascencio. He determined that the crack cocaine was "probably freshly cooked" because there was "still quite a bit of what appears to be particles sticking probably from the moisture." Sergeant Shaffer testified that the bag contained one "larger chunk" and "some smaller individual pieces that ha[d] been broken off." Sergeant Shaffer testified that an individual "rock, " weighing .1 to .2 grams would be worth $20. He estimated the value of the crack cocaine found by Officer Ascencio, once broken into individual rocks, would be worth between $280 and $560, depending on the size and number of individual rocks. Sergeant Shaffer opined that based on his examination of the evidence, the crack cocaine was intended for sale or delivery.

State v. Roderick Jermaine McAlpin, No. E2013-02267-CCA-R3-CD, 2014 WL 4952790, at *1-2 (Tenn. Crim. App. Oct. 2, 2014), perm. app. denied (Tenn. Jan. 16, 2015). After its review, this Court upheld the rulings of the trial court, noting the evidence produced at trial was sufficient to support the petitioner's convictions and the trial ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.