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Goodrum v. State

Court of Criminal Appeals of Tennessee, Nashville

July 25, 2017

MICHAEL GOODRUM
v.
STATE OF TENNESSEE

          Session: April 18, 2017

         Appeal from the Circuit Court for Maury County No. 20549 Robert L. Jones, Judge

         The petitioner, Michael Goodrum, appeals the denial of post-conviction relief from his 2012 Maury County Circuit Court jury convictions of possession with intent to sell .5 grams or more of cocaine within 1, 000 feet of a park and possession with intent to sell .5 grams or more of cocaine within 1, 000 feet of a school, for which he received a sentence of 15 years. In this appeal, the petitioner contends that he was denied the effective assistance of counsel and that the cumulative effect of his counsel's errors prevented him from receiving a fair trial. Discerning no error, we affirm.

         Tenn. R. App. P. 3; Judgment of the Circuit Court Affirmed

          John M. Schweri, Columbia, Tennessee, for the appellant, Michael Goodrum.

          Herbert H. Slatery III, Attorney General and Reporter; Sophia S. Lee, Assistant Attorney General; Mike Bottoms, District Attorney General; and Patrick Powell, Assistant District Attorney General, for the appellee, State of Tennessee.

          James Curwood Witt, Jr., J., delivered the opinion of the court, in which John Everett Williams and Camille R. McMullen, JJ., joined.

          OPINION

          JAMES CURWOOD WITT, JR., JUDGE.

         The Maury County Grand Jury charged the petitioner with one count each of possession with intent to sell .5 grams or more of cocaine within 1, 000 feet of a park and possession with intent to sell .5 grams or more of cocaine within a drug-free school zone. The petitioner's first trial ended in a hung jury, but the petitioner was convicted as charged in a second trial in 2012. The trial court merged the alternative counts and imposed the mandatory minimum 15-year sentence. This court affirmed the convictions on direct appeal. See State v. Michael Goodrum, No. M2012-02066-CCA-R3-CD (Tenn. Crim. App., Nashville, March 20, 2014), perm. app. denied (Tenn. Aug. 29, 2014).

         The evidence adduced at the petitioner's trial established that members of the Columbia Police Department ("CPD") executed a search warrant at 504 East 9th Street on the night of July 9, 2008, following a controlled purchase of crack cocaine through a confidential informant. Id., slip op. at 2. Both Raven Fleming and Gary Fleming were initially named in the search warrant. Id. Following the execution of the warrant, both Robert Fitzgerald and the petitioner were added to the search warrant. Id. CPD Officer Jason Dark described the events that unfolded thusly:

Officer Dark said that when he and his team arrived at the Flemings' residence to execute the search warrant, Trammell Jennings, a known drug dealer, was in the front yard. Jennings saw the police and fled from the scene on foot. Due to this compromise, five or six officers quickly entered the residence through the front door. Upon entry, the officers identified themselves as police and told everyone inside to get on the ground and show their hands. Officers secured the scene and Sergeant Haywood advised the persons inside of their Miranda rights. When Officer Dark entered the residence, he saw the [petitioner] lying on the living room floor "just beyond the front door." He also saw Raven Fleming in the living room with the [petitioner]. Ms. Fleming was lying on the floor in front of the couch. A person named Gary Brown was in the area beyond Ms. Fleming and the [petitioner]. Robert Fitzgerald, a known drug dealer, was found in the kitchen.
Officer Dark testified that when he first saw the [petitioner], Sergeant Haywood was securing him. Officer Dark was preparing the residence for a search when Sergeant Haywood called him over to the area of the [petitioner]. Officer Dark observed the [petitioner] on his side and a bag of crack cocaine underneath the chest area where he had been lying. Officer Dark said that Sergeant Haywood searched the [petitioner] and did not find a crack pipe or anything else for smoking crack cocaine. To Officer Dark's knowledge, the [petitioner] did not have anything on his person such as a weapon, scales, a cell phone, or substantial currency.
During the execution of the search, the police found a bag of marijuana behind the couch, Xanax pills in Ms. Fleming's bedroom closet, and ecstasy pills on the kitchen counter near where Mr. Fitzgerald was secured. The police also found a crack pipe on Mr. Brown's person, but no drugs. A total of $291 was seized from Ms. Fleming. According to Officer Dark, Ms. Fleming was subsequently charged with possession of marijuana and the Xanax pills; Mr. Fitzgerald was charged with possession of the ecstasy pills; Mr. Brown was charged with possession of the crack pipe; and the [petitioner] was charged in the case sub judice. Officer Dark testified that the bag found beneath the [petitioner] was secured as evidence and sent to the Tennessee Bureau of Investigation (TBI) Crime Laboratory for testing. He said the TBI analysis determined the substance to be crack cocaine in the amount of 1.7 grams. . . .

Id., slip op. at 2-3.

         Officer Dark testified that 504 East 9th Street "was located within a 1, 000 feet radius of both Frierson-Johnson Park and College Hill School." Id., slip op. at 4. After using a computer program to assess the distance between the residence and the park and school, Officer Dark personally measured the distance between the relevant points using a counter wheel with a tape measure and verified that the computer measurements were accurate. Id.

         CPD Sergeant Jeremy Haywood testified that he was "the third or fourth person to enter" the subject residence and that he "encountered the [petitioner] in the living room near the front door." Id.

The [petitioner] was in the process of getting to the floor as ordered. Sergeant Haywood also observed Ms. Fleming make her way from the couch to the floor. Until the scene was secured, Sergeant Haywood remained in the living room and monitored Ms. Fleming and the [petitioner] as ...

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