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State v. Pollard

Court of Criminal Appeals of Tennessee, Jackson

October 30, 2017

STATE OF TENNESSEE
v.
MARVIS DESHUN POLLARD

          Assigned on Briefs October 3, 2017

         Appeal from the Circuit Court for Tipton County No. 8503 Joe H. Walker, III, Judge

         A Tipton County jury convicted the Defendant, Marvis Deshun Pollard, of possession of 0.5 grams or more of methamphetamine with the intent to deliver; delivery of 0.5 grams or more of methamphetamine; simple possession of oxycodone; tampering with evidence; felony evading arrest posing a risk of danger to others; and driving on a canceled, suspended, or revoked driver's license. The trial court imposed an effective sentence of sixteen years. On appeal, the Defendant contends that the evidence is insufficient to support his methamphetamine convictions. Upon reviewing the record and the applicable law, we affirm the judgments of the trial court. We remand the case to the trial court for entry of corrected judgments reflecting merger of the methamphetamine convictions.

         Tenn. R. App. P. 3 Appeal as of Right; Judgments of the Circuit Court Affirmed; Case Remanded

          Michael Thorne, Lexington, Tennessee (on appeal); Christie Hopper, Jackson, Tennessee (on appeal); and Jeff Woods, Memphis, Tennessee (at trial), for the appellant, Marvis Deshun Pollard.

          Herbert H. Slatery III, Attorney General and Reporter; Renee W. Turner, Senior Counsel; Mark E. Davidson, District Attorney General; and Walter Freeland, Jr. and Jason Poyner, Assistant District Attorneys General, for the appellee, State of Tennessee.

          John Everett Williams, J., delivered the opinion of the court, in which Norma McGee Ogle and Alan E. Glenn, JJ., joined.

          OPINION

          JOHN EVERETT WILLIAMS, JUDGE.

         PROCEDURAL AND FACTUAL BACKGROUND

         On June 19, 2015, Investigator Brent Chunn with the Tipton County Sheriff's Office conducted an undercover drug operation targeting the Defendant. Officers planned to use a criminal informant to purchase methamphetamine from the Defendant in the parking lot of a Dollar General store located off Highway 14 in Tipton County. Investigator Chunn obtained $180 in cash from the drug fund, photographed the money, noted the serial numbers of each bill, and gave the money to the informant to purchase drugs from the Defendant.

         Approximately thirty minutes before the transaction, Investigator Chunn instructed the informant to call the Defendant over a speakerphone to arrange a meeting, and their conversation was recorded. Investigator Chunn testified that prior to the transaction, he searched the informant for weapons and drugs and did not find any methamphetamine or other contraband on the informant. A small video recording device was placed on the informant's shoe. Investigator Chunn was driving an unmarked, gray Ford Fusion. He dropped the informant off at Dollar General and parked in a parking lot located across from Dollar General. Investigator Chunn testified that he saw the Defendant enter the Dollar General parking lot in a Pontiac G6 and the informant enter the vehicle.

         Investigator Chunn said that when the informant exited the Defendant's car, Investigator Chunn knew that the drug transaction had occurred, activated the blue lights on his car, drove to the Dollar General parking lot, and ordered the Defendant to exit his car. The Defendant did not comply. Investigator Chunn exited his car, drew his gun, and said, "Sheriff's Office, get out of the vehicle now." The Defendant still did not comply with Investigator Chunn's order. Investigator Chunn was wearing an "undercover" vest with "Sheriff" on the back and a law enforcement badge clipped on the left side.

         Other law enforcement officers arrived and attempted to block the Defendant's car with their vehicles. One of the officers was Deputy Chris Smith, who was in uniform and was driving a marked law enforcement vehicle that was equipped with a video camera, blue lights, and a siren. The Defendant drove away, striking Investigator Chunn's vehicle. The informant remained at the Dollar General, and Investigator Chunn said his lieutenant recovered the camera from him. No drugs were recovered from the informant.

         The Defendant then led the officers on a high speed chase down Highway 14 toward Shelby County. Investigator Chunn was behind the Defendant in an unmarked car. Deputy Smith was behind Investigator Chunn in a marked vehicle with his siren ...


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