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State v. Phillips

Court of Criminal Appeals of Tennessee, Jackson

January 19, 2018

STATE OF TENNESSEE
v.
DAVID WAYNE PHILLIPS

          Assigned on Briefs October 3, 2017

          Appeal from the Circuit Court for Tipton County No. 8199 Joe H. Walker, III, Judge

         The Defendant, David Wayne Phillips, was convicted by a Tipton County jury of initiating the manufacture of methamphetamine and was sentenced by the trial court to ten years in the Tennessee Department of Correction. On appeal, the Defendant challenges the trial court's denial of his motion to suppress statements made to an officer after the Defendant consented to a search of his bedroom. The Defendant also argues that the evidence is insufficient to support his conviction. After a thorough review of the record, we affirm the judgment of the trial court.

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

          David A. Stowers, Covington, Tennessee, for the appellant, David Wayne Phillips.

          Herbert H. Slatery III, Attorney General and Reporter; Jonathan H. Wardle, Assistant Attorney General; Mike Dunavant, District Attorney General; and James Walter Freeland, Jr., Assistant District Attorney 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

         FACTUAL AND PROCEDURAL HISTORY

         Following a search of his residence, the Defendant was charged with the initiation of the manufacture of methamphetamine, the promotion of the manufacture of methamphetamine, aggravated child abuse, and simple possession of methamphetamine. The aggravated child abuse charge was dismissed prior to trial, and the simple possession charge was dismissed during trial.

         On April 16, 2014, Investigator Brandon Williams of the Tipton County Sheriff's Department received information from Phillip Lewis that Shannon Lewis and the Defendant were manufacturing methamphetamine at the residence of Ms. Lewis. Investigator Williams conveyed this information to Deputy Chris Smith, who searched for Ms. Lewis's name in the TIMIS Registry, which maintains a record of the time and location of Sudafed purchases. Deputy Smith testified that the TIMIS Registry showed that Ms. Lewis had purchased Sudafed the previous day. Deputy Smith and Sergeant Jeffery Thompson then went to Ms. Lewis's residence. Upon arrival, Deputy Smith parked his car in the driveway.

         When Deputy Smith knocked on the door, Ms. Lewis stepped outside to speak with him. Deputy Smith asked Ms. Lewis about her purchase of Sudafed from the previous day. Ms. Lewis stated that several people in the residence needed Sudafed for their sinuses. She was unable to produce the box of Sudafed she purchased the previous day.

         Ms. Lewis orally consented to the search of her purse and personal items. After searching the purse, Deputy Smith found a small plastic bag with residue that tested positive for methamphetamine. He then asked for permission to search the residence, and Ms. Lewis gave her oral consent.

         The Defendant, Tasha Eason, and the Defendant's granddaughter were inside the house. Deputy Smith testified that he did not smell any odor indicative of methamphetamine manufacturing when he entered the residence. The Defendant told Deputy Smith that the back bedroom was his and gave oral consent to search his bedroom. Deputy Smith explained that he did not ask the Defendant to sign a written consent form because there was an audio recording of the conversation. Deputy Smith also searched the Defendant's bathroom. The bathroom was adjoined to the bedroom, in that someone would have to go through the Defendant's bedroom to access the bathroom. Deputy Smith explained that he did not ask the Defendant to sign a written consent form because there was an audio recording of the conversation.

         Deputy Smith first noted that silver tape was wrapped around the interior doorframe inside the Defendant's bedroom. Deputy Smith found what appeared to be methamphetamine on a glass plate. Next to the plate was burned aluminum foil, which Deputy Smith testified is indicative of the use of methamphetamine. In the Defendant's bedroom and the adjoining bathroom, Deputy Smith found a pill grinder, a small plastic bag with ammonium nitrate, lithium batteries, muriatic acid, coffee filters, a cold pack, needle-nose pliers with burn marks on the ends, and two drink bottles filled with a clear liquid. Deputy Smith asked the Defendant about the clear ...


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