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State v. Greer

Court of Criminal Appeals of Tennessee, Knoxville

May 17, 2017

STATE OF TENNESSEE
v.
DOMINIQUE GREER

          Session Date: May 17, 2016

         Appeal from the Criminal Court for Hamilton County No. 277886 Rebecca J. Stern, Judge

         Defendant, Dominique Greer, was convicted of first degree felony murder and attempted especially aggravated robbery. He received a life sentence for felony murder and eight years for attempted especially aggravated robbery to be served concurrently to the sentence for felony murder. On appeal, Defendant argues: (1) the trial court erred by admitting evidence of a prior robbery; (2) the trial court erred by instructing the jury that it could consider the prior robbery for issues other than intent and identity; (3) the trial court erred by allowing Detective Merritt to testify concerning Defendant's cell phone records; (4) the trial court erred by overruling Defendant's motion to suppress; (5) the trial court erred by allowing a constructive amendment to the felony murder indictment; (6) the evidence was insufficient to support Defendant's felony murder conviction; and (7) there was cumulative error. Following our review, we reverse the judgments of the trial court because the trial court committed reversible error in its final charge to the jury.

         Tenn. R. App. P. 3 Appeal as of Right; Judgments of the Criminal Court Reversed and Remanded.

          Jay Underwood, Chattanooga, Tennessee, (on appeal) and Daniel J. Ripper, Chattanooga, Tennessee, (at trial) for the appellant, Dominique Greer.

          Herbert H. Slatery III, Attorney General and Reporter; Lacy Wilber, Senior Counsel; M. Neal Pinkston, District Attorney General; and Lance Pope and Kristen Spires, Assistant District Attorneys General, for the appellee, State of Tennessee.

          Thomas T. Woodall, P.J., delivered the opinion of the Court, in which James Curwood Witt, Jr., J., joined. D. Kelly Thomas, Jr., J., filed a concurring opinion.

          OPINION

          THOMAS T. WOODALL, PRESIDING JUDGE

         Background

         404(b) Hearing

         Steve Carroll testified that he is an architect and partner at Rardin and Carroll Architects located on Preservation Drive in an industrial park. The business is located one block from Bonny Oaks Drive. Mr. Carroll testified that on July 21, 2010, at approximately 5:20 p.m. he was the last person to leave the business that day. As he was placing his laptop, briefcase, and other items in the back of his car, he heard someone say "give me your wallet and your cell phone." Mr. Carroll turned around and saw Defendant dressed entirely in black standing approximately five feet away with a gun pointed at Mr. Carroll. Mr. Carroll immediately pulled out his wallet and cell phone and placed them on the ground. He told Defendant, "you can have anything you want just please don't shoot me." The gun appeared to be a "silver aluminum colored automatic." Defendant picked up the items and asked Mr. Carroll if he had anything else. Mr. Carroll told him, "I've got my laptop, I've got my car, here are my keys if you want to take it, that's fine. Again, just don't shoot me." Defendant looked at him and said, "[Y]ou seem like a nice guy, I'm not going to hurt you." Defendant then ran off toward Jersey Pike. Mr. Carroll got into his car and drove to an adjacent office where he used the phone to dial 9-1-1.

         Mr. Carroll later received his cell phone bill which reflected that three calls were made from his phone after the robbery; he did not recognize the numbers. Mr. Carroll's wallet and some of its contents were later recovered by the Hamilton County Sheriff's Office. On September 17, 2010, Mr. Carroll identified Defendant from a photograph lineup shown to him by a detective.

         Detective Jeff Baker of the Hamilton County Sheriff's Department testified that on August 30, 2010, he searched a wooded area near Defendant's grandmother's apartment which was located on Bonny Oaks Drive, within a mile from where the robbery of Mr. Carroll occurred. He had received information that a gun used in the victim's homicide may be located inside a sock hidden behind the apartment complex. While looking for the weapon, Detective Baker found Mr. Carroll's wallet lying on the ground by one of the trees outside the complex. He also found two black t-shirts. On cross-examination, Detective Carroll testified that he had been told that Defendant lived in the apartment complex with his grandmother, Odessa Moon. Detective Carroll admitted that he did not know who put the wallet behind the complex.

         Trial

         On July 21, 2010, Charles Moore, the murder victim's father, was living on Shady Hollow Lane in Chattanooga with the victim and the victim's mother, and Mr. Moore's wife, Angela Moore. The victim, twenty-one-year-old Darrian Moore, was not home when Mr. Moore arrived home from his work at Tennessee Valley Authority that evening. Mr. Moore explained that the victim worked a part-time evening shift loading trucks for FedEx. The victim usually left the house at approximately 4:30 to 5:00 p.m. to go to work, and he normally arrived home between 10:00 and 11:00 p.m. Mr. Moore testified that the Wood family lived on Lone Hill Road. Mr. Moore could see the Wood's residence from his house, and their back yards were close to one another. He said that Frank Wood, who lived at the Lone Hill Road residence with his grandparents, and the victim knew each other, and Mr. Wood had been inside Mr. Moore's residence. Mr. Moore testified that he had no knowledge of Defendant ever being inside his house, and he had never seen the victim and Defendant together.

         Mr. Moore testified that on the night of July 21, 2010, he was in the sunroom updating his computer when he saw the victim back into the driveway and park his white Impala. He said that it was not unusual for the victim to sit in his car after arriving home to listen to music or to talk on the phone to his friends. Mr. Moore testified that he heard a "pop" after the victim arrived home but he thought that the sound was of the victim throwing trash into the empty dumpster. He noted that the family's Rottweiler was also barking "in a vicious tone." Mr. Moore looked outside toward the dog's pen but did not see anything. At some point, the victim called the house, and Mrs. Moore answered the phone. The victim said "mamma" twice and hung up. Mrs. Moore walked downstairs and told Mr. Moore that she thought something was wrong because the victim "didn't sound right." Mrs. Moore had also attempted to call the victim back but he did not answer the phone. Mr. Moore testified that he assured Mrs. Moore that the victim was in the driveway and was "probably just talking on the phone and not switching over[.]" Mrs. Moore then walked out to the garage, raised the door, and "flipped the lights a couple of times, " which was the victim's signal to come inside, but he did not do so. Mr. Moore testified that Mrs. Moore walked back inside the house and told him that the victim's car was still running and that he would not answer the phone. Mr. Moore then ran outside to see what was going on. He found the victim in the passenger seat of the car with a gunshot wound to his left temple. Mr. Moore noted that he had never seen Defendant sitting in the passenger seat when parked in the driveway listening to music. Mr. Moore instructed Mrs. Moore to go inside and dial 9-1-1, and he got into the car and drove the victim to Memorial Hospital. The victim was later transferred to Erlanger Hospital where he died.

         Mr. Moore testified that the victim was paid weekly by direct deposit from FedEx, and the victim had an ATM card to his checking account. Mr. Moore also had access to the checking account. He helped the victim save some money by leaving enough money in the victim's checking account to cover his bills and "$50 for him to waste." Mr. Moore transferred the rest to the victim's savings account. The victim did not have access to the savings account because Mr. Moore did not want the victim to "spree" spend it. He thought that the victim had approximately $1100 to $1200 in the account at the time of his death.

         On cross-examination, Mr. Moore testified that the victim thought he and Wood were friends. However, he said that the victim and Wood had a falling out after they were pulled over by police "on Fraizer Avenue during Riverbend." The incident happened sometime in June of 2010.

         Dwight Turner testified that in July of 2010, he was seventeen years old and lived at Lakeshore Manor with his father and step-mother. He knew Frank Wood and Defendant who was also known as "Head." Mr. Turner testified that he was familiar with the victim, and he had been at the victim's home "[o]ne particular time." He said that at some point in July of 2010, he was part of a conversation with Defendant and Mr. Wood about robbing the victim. The conversation took place in the "front of [Defendant's] yard." Mr. Turner testified there was talk about the "need to come up with $1500" for a "mix tape" for Defendant's brother "Boochie." Mr. Turner testified that it was Mr. Wood's idea to rob the victim because Mr. Wood knew that the victim worked and that the victim was saving his money. Mr. Turner said, "I believe that he showed Franklin his bank statements or, you know, receipts or something showing that he had money in the bank." Concerning the robbery, Mr. Turner testified:

At first [Defendant] suggested that, you know, with me being kind of stocky wise and or whatever he suggested that I [hold] the weapon to him, you know, while he was at his driveway, demanding him get out of the car, move over, to be placed in the back seat with something covering him so that he couldn't see anything, and drive to the bank and get him to tell the code to the ATM to withdraw the money out of the bank.

         It was Mr. Turner's understanding that the victim had approximately $3, 000 in the bank. He said that because the victim knew Mr. Wood and his voice, Wood planned to "be in the back seat or in the front, wherever that he was going to sit, he didn't want to be seen or heard, his voice heard." Because Mr. Turner did not "want to do none of it, Defendant said that he would hold the weapon during the robbery and that "he would just pretty much have him at gunpoint with fear for his life so he wouldn't see what was going on or do anything." Mr. Turner testified that after the robbery, the plan was to drop Defendant off and drive the car to a chop shop in Atlanta, Georgia. Mr. Turner testified that the robbery was originally supposed to take place the Friday before the murder occurred on Wednesday, July 21, 2010. Mr. Turner testified that he had planned to buy school clothes with his share of the proceeds from the robbery. He said that Defendant planned to use his share to help his brother produce the mix tape. Mr. Turner did not know what Mr. Wood planned to do with his money, even though Mr. Turner testified about having a conversation with Mr. Wood in which Mr. Wood talked about what he wanted to do with the proceeds.

         Mr. Turner testified that he left his father's house due to a disagreement and was staying with Edward "EJ" King. Mr. King's house and Defendant's mother's residence were in the same neighborhood. Mr. King also lived one neighborhood over from the victim's house and Mr. Wood's house. Mr. Turner testified that while at Mr. King's house, Mr. Turner and Wood had another conversation about the robbery. He said that Mr. King's cousin, Mr. King, "Cornelius, " Angel Kilgore, and another female were also at the house at the time. Mr. Turner testified that he and Mr. Wood had been drinking, and he thought that Mr. Wood was drunk. He said that Mr. Wood was talking about what he wanted to do with the proceeds from the robbery, and Mr. Turner indicated that he wanted to buy school clothes. Mr. Turner did not like Mr. Wood discussing the robbery in front of others, and he eventually said, "I'm not doing it, brother." Mr. Turner testified that he told Mr. Wood that he "feared" Mr. Wood and the victim would become friends again, and Mr. Wood would "snitch" on them, which made Mr. Wood mad because the others were listening. Mr. Wood eventually calmed down, and he and Mr. Turner apologized to each other. Mr. Turner testified that he told Mr. Wood that he did not want him to participate in the robbery. However, Mr. Turner said that he could not talk to Defendant because Defendant "pretty much had his mind made up."

         Mr. Turner testified that thirty to forty-five minutes later, Defendant arrived at Mr. King's residence in a car with a few other men. Defendant was not driving the vehicle. Mr. Turner testified that Defendant got out of the car and said that he had been trying to call Wood all day. Defendant also indicated that he wanted to rob the victim that night. Mr. Turner testified that Mr. Wood told Defendant that he could not go with Defendant because Wood had to go home because of his curfew. Mr. Turner said that he told Defendant that he was too intoxicated to go with Defendant. He did not see Defendant with a gun at the time. Mr. Turner testified that Defendant left, and Mr. Wood asked Mr. Turner to walk home with him. They saw Defendant at someone else's house as they walked up the hill. Mr. Turner testified that Defendant said, "[S]ee I told y'all I got a plan, brother, I told you." Mr. Turner testified that he left Mr. Wood at "Kailey's" house, and she and "Tracy" were going to drive Mr. Wood home. Mr. Turner then walked back to Mr. King's house and spent the night.

         Mr. Turner testified that he spoke with Mr. Wood the following day at approximately 12:30 to 1:00 p.m. because Mr. Wood had left his iPod at Mr. King's house. Mr. Wood picked up the iPod, and Mr. Turner asked Mr. Wood about the robbery. Mr. Wood said he did not do it because he had curfew, and his grandmother was upset because he was drunk. Defendant later called Mr. Turner and told him he thought that he had murdered the victim. Defendant said that the victim began "tussling" with him and the gun "went off." Mr. Turner then talked to Mr. Wood, who said that the victim was sitting in the driveway with the car still running. The following day, Mr. Turner saw Defendant riding his bicycle. Mr. Turner testified:

Like, well, I left the neighborhood to where the murder occurred. And he was, like, bro, I was like bro, you need to go home, bro. You know what I'm saying, it's taped up. He like, brother, I think I murdered him, but I didn't mean to, though, brother. And he proceeded to say that, you know, he didn't trust nobody no more. He was like anybody who say something, brother, I got somebody who will take them off the map. Which that's saying that he would kill them. No witnesses, no nothing.

         After the murder, Mr. Wood asked Mr. Turner to tell police that Mr. Wood had given him some clothing. Mr. Wood also wanted Mr. Turner to be his alibi and tell police that they met on the rock road by Mr. Wood's house at approximately 9:30 to 10:00 p.m. to exchange tennis shoes and a t-shirt. Mr. Turner told Mr. Wood that he did not want to get involved.

         On July 22, 2010, Mr. Turner spoke with Detective Gienapp from the Hamilton County Sheriff's Department and gave a statement. Mr. Turner admitted that he lied to Detective Gienapp in the statement because Mr. Turner was in "fear of [his] life" and did not want to be involved. Mr. Turner gave a second statement to police on July 27, 2010, in the presence of Detective Van Hinton. Detective David Sowder, Mr. Turner's father, and Mr. Turner's Uncle, Sergeant Darrel Turner of the Hamilton County Sheriff's Department were also present during the statement. Mr. Turner testified that his father and uncle told him to tell the truth. He told the detectives the information as to who was to be involved in the robbery and how the proceeds would be split up.

         Franklin Wood testified that he pled guilty to facilitation of especially aggravated robbery in the present case. He and the victim had been friends and they would hang out "mostly every day." Mr. Wood testified that in July of 2010, he lived on Lone Hill Road, and his backyard connected to the victim's backyard. He had been inside the victim's house and in his car. Mr. Wood testified that he and the victim went to Riverbend together in 2010 to watch the fireworks. At some point, they were pulled over, and the police found "brown paper doggie [sic] bags and residue marijuana [sic] all over the car." After that, Mr. Wood and the victim did not hang out as much because Mr. Wood felt that the victim blamed him for what happened. Mr. Wood testified that he and the victim had an altercation when he got a phone charger back from the victim. He said that approximately two weeks after the fireworks display the victim also flipped him "the bird" from his driveway. Mr. Wood, who was standing on his balcony, lost his temper, walked over to the victim's house, and they had a fight. He did not speak to the victim again after the fight.

         Mr. Wood testified that he and Defendant were both friends with Dwight Turner. He said that a year or more prior to the victim's murder, there was a conversation with Defendant about burglarizing the victim's house in order to steal guns. At the time, Mr. Turner was living at Lakeshore Manor. Mr. Wood testified that just prior to the victim's murder, Mr. Wood was at a gathering at Edward King's house with Mr. Turner, Mr. King, Ms. Kilgore and her friend, two of Mr. King's cousins, and one of Mr. Turner's friends. Mr. Wood testified that he and Mr. Turner were drinking, and Mr. Wood was drunk. At some point, Mr. Wood was in the kitchen with Mr. Turner, Mr. King, Ms. Kilgore, and her friend when Mr. Turner said that if something happened to the victim, Mr. Wood would be a "snitch." Mr. Wood testified that he knew there was a plan to rob the victim and that Defendant and Mr. Turner were involved. Mr. Wood said that he did not have a role in the robbery that was supposed to occur that day. He testified that there was a discussion about taking guns but he did not hear anything about taking money or going to the victim's bank.

         Mr. Wood testified that Defendant arrived at Mr. King's house at approximately 9:00 p.m. with some friends. He said that Defendant had a gun resting on his lap, and Mr. Wood did not get into the car with Defendant and the others because Mr. Wood had to be in for curfew in an hour. Mr. Wood testified that when Defendant told Mr. Turner to get into the car, Mr. Turner began crying and said that he did not want to get in trouble. Mr. Wood testified that when Defendant saw Mr. Turner "crying and acting crazy he took off." Mr. Wood got a ride home, and Mr. Turner spent the night at Mr. King's house.

         Mr. Wood testified that on the day of the murder Defendant texted him and said that he needed some shoes and a shirt. Mr. Wood then called Defendant who said that he had robbed someone on "58." The State introduced Mr. Wood's cell phone records from July 21, 2010. Mr. Wood acknowledged that he sent Defendant a text message at 9:03 p.m. telling Defendant to stop by his house before 9:30 because his probation officer would be calling at 9:45 p.m. At approximately 9:13 p.m., Defendant texted that he was near "Booker T." and he asked if Mr. Wood had the shoes. Mr. Wood met Defendant at the bottom of the hill near Mr. Wood's house. Defendant said that he had robbed a "white guy on 58 at the liquor store." Defendant also said that during the robbery, the victim said that he had "kids and everything." Mr. Wood testified that Defendant "flashed the money that he took from the guy, " and Mr. Wood saw that Defendant had a gun. Mr. Wood also noted that Defendant was barefoot, and he was wearing a black t-shirt with a Superman emblem on it.

         Mr. Wood testified that he and Defendant walked to the corner of the street where the victim lived, and Defendant asked, "[W]here your boy at[?]." They both looked toward the victim's house and saw that the victim was not at home. Mr. Wood testified that he told Defendant that it was time for Mr. Wood to be home for curfew, and he left. He noted that he left Defendant standing in his next door neighbor's yard. He said, "All of our yards, my house and [the victim's] house and my next door neighbor's, all three of our back yards intersect." Mr. Wood testified that he knew what Defendant planned to do because Defendant "had a gun and he robbed somebody before and I knew I guess when he was over there that he was going to do it." Mr. Wood said that he walked back home and did not call police because he was only worried about himself. Mr. Wood testified that he later missed three calls from Defendant while Mr. Wood was eating dinner with his family. He called Defendant back at approximately 10:00 p.m., and Defendant asked if the police were there. Mr. Wood told him no and asked why. Defendant said, "[Y]ou ain't seen from me, you ain't heard from me. And he just hung up."

         Mr. Wood gave statements to law enforcement on July 22 and July 23, 2010. He did not mention Defendant's name during either of the statements because he was "just afraid of the whole situation." Mr. Wood told them that he met Mr. Turner to give him some shoes because that is what Mr. Turner told him to say. He said that he never met Mr. Turner to give him any shoes and that he gave the shoes to Defendant. Mr. Wood admitted that he told detectives that he did not know anything about the murder. Mr. Wood and Defendant were later arrested on July 29, 2010. Both were juveniles at the time. Mr. Wood testified that the following day while in juvenile court, Defendant told him that the victim was "bucking the whole time and he knew [the victim] knew who he was and [the victim] tried to go for the keys and his head hit the gun and it went off." Mr. Wood then told his attorney what Defendant told him. Mr. Wood testified that he did not shoot the victim or accompany Defendant to the victim's house on the night of the robbery. He also said that he did not give any information to Defendant about the victim's bank accounts or where he banked.

         However, during a recorded call on July 27, 2010, Mr. Wood told Mr. Turner that he did not set up a "murder." He did not know that the call was being recorded. He also told Mr. Turner that he told Defendant where the bank was at and that it was the one by the mall and that Defendant planned to "sit out there until [the victim] got off." Mr. Wood then told Mr. Turner, "[Y]ou need to come to my aid, we need to tell[.]" Mr. Wood testified that he knew that Defendant was going to rob the victim when he left Defendant standing near the victim's house, because Defendant had a gun, and he robbed somebody before.

         On cross-examination, Mr. Wood acknowledged that he was required to testify as part of his plea agreement. He admitted that he lied in the first statement to police when he denied any knowledge of the plan to rob the victim. He was indicted on October 13, 2010, and he hired an attorney early in 2011 and received the State's discovery materials. Mr. Wood admitted that in November of 2012, he gave his first statement that was consistent with the State's allegations. In the statement, Mr. Wood stated that Mr. Turner brought up the idea of robbing the victim. Mr. Wood described seeing Defendant at the party with a black revolver with a brown handle. He said that on the day of the murder he saw Defendant with a chrome gun. In his November 2012 statement and at trial, Mr. Wood said that he thought that the chrome gun was a semiautomatic.

         Angel Kilgore testified that she knew Franklin Wood from Central High School. She also knew Dwight Turner and Edward King. She knew the victim through mutual friends. Prior to the victim's murder, Ms. Kilgore was at Mr. King's house with Mr. King, "Redee, " Mr. Turner, Eric Traylor, Mr. Wood, and Quinisha McCurdy. Ms. Kilgore testified that Mr. Turner was drunk, and others were drinking and smoking marijuana. At some point during the evening, Ms. Kilgore heard Mr. Wood and Mr. Turner discussing a robbery. She testified:

We were all sitting in the kitchen. And there were a couple of conversations going on. And there was one conversation where the only thing that I heard was Mon, and that was because a while back when [we] were in school Mon and EJ had gotten into it over something and they were talking about that. And that was the only name I heard. And they was talking - - it was like how it began they were talking about getting new school clothes.
* * *
And they said that they were going to rob somebody. And that's how they were going to get their new school clothes. And they said that they didn't want to - - they wasn't going to kill him or anything. They was just going to try to hurt him, and take the gun and that was just to scare him. They said that they was just going to hit him with the gun. And then they - - Frank was talking about the time that he thought he got off and everything, and they were talking about what they were going to wear.
* * *
They said that they were going to dress up in all black so they didn't - -so he wouldn't know who it was. And then they said they may just put a bag over his head and make him go to the bank. And then Frank, well, he started to get scared. So Dwight told him that he think that - - he thought that he would snitch.

         Ms. Kilgore testified that Mr. Wood thought "that was messed up because he told them that he wouldn't be the snitch." She said that they were later sitting in the den and either Mr. Wood's or Mr. Turner's cell phone went dead while they were trying to text Defendant. Ms. Kilgore testified that everyone went outside when Mr. King's mother got home. While they were outside, Defendant arrived in a car with Tracy Turner and "Smiley." Defendant was sitting on the passenger side. Ms. Kilgore testified that Defendant was holding a gun in his lap, and he put it away when she walked up to the car. She said that Defendant and Tracy Turner were trying to get Dwight Turner to get into the car with them. Ms. Kilgore testified that Dwight Turner was begging them not to let him go because he was drunk and did not want to get into trouble. She said that Mr. Wood got into the car with her, Quanesha McCurdy, and Shamika McCurdy, and they dropped him off on a street near his house. Mr. Turner was supposed to spend the night at Mr. King's house.

         On cross-examination, Ms. Kilgore testified that the gun she saw in Defendant's lap was a small black gun.

         Sabretta Linder testified that Defendant's brother, Kevin "Boochie" Greer, is the father of one of her children. Odessa Moon is Defendant and Mr. Greer's grandmother. In July of 2010, she was living "[i]n the west side." Ms. Linder testified that she knew Mahara Taylor and Edward King. She recalled giving a statement to Detective Van Hinton in August of 2010. She did not recall telling Detective Hinton that Defendant told her that he was involved in the victim's murder. Ms. Linder only remembered that the detective told her that Defendant had something to do with the murder. She also did not recall telling Detective Hinton that Defendant told her that Jamicah Moore drove the car.

         The prosecutor presented a transcript of a taped interview of Ms. Linder with Detective Hinton. The prosecutor attempted to impeach Ms. Linder with her prior inconsistent statements that Defendant told her he was involved in the victim's murder and that Defendant told her ATL (the street name for Jamicah Moore) was the driver of the car that transported Defendant to and from the area of the crime. Ms. Linder admitted that the transcript of her statement reflected that she made those statements, but she did not remember saying those things. Defense counsel made an objection to Ms. Linder's testimony as to who drove the vehicle because Ms. Linder just heard it "on the street." However, the prosecutor read Detective Hinton's question to her about who told her, and she stated Defendant's name. Defense counsel did not object to the entire transcript of Ms. Linder's statement to Detective Hinton being hearsay, and therefore strictly admissible solely for impeachment purposes.

         Without an objection to the prosecutor reading out loud in the jury's presence specific questions to and responses by Ms. Linder, the prosecutor elicited the following:

Q. Ms. Linder, did [Defendant] ever tell you that he was involved in the death of [the victim]?
[Ms. Linder]: No.
* * *
Q. So [Defendant] told you that he had something to do with it.
[Ms. Linder]: That's what it's saying, but I don't recall telling them that. I recall them telling me.
Q. You agree that's what this transcript says.
[Ms. Linder]: Uh-huh.
* * *
Q. All right. Did [Defendant] at any point in time tell you who the driver of the vehicle was?
[Ms. Linder]: No.
Q. He did not?
[Ms. Linder]: No.
* * *
Q. Who told you [Jamicah Moore] was driving. [Detective] Hinton asked you that question; is that correct?
[Ms. Linder]: Yes.
Q. Are you Linder [in the transcript]?
[Ms. Linder]: Uh-huh
Q. What's your response?
[Ms. Linder]: [Defendant].
Q. So in August of 2010 you hear directly from [Defendant] that Jamicah [Moore] was to be the driver of the ...

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