Assigned on Briefs November 7, 2017
from the Circuit Court for Madison County No. 16-108 Donald
H. Allen, Judge
Defendant, Damarko D. Clay, appeals as of right from his
convictions for possession of marijuana with intent to sell,
possession of marijuana with intent to deliver, possession of
drug paraphernalia, possession of a firearm during the
commission of a dangerous felony, and being a convicted felon
in possession of a firearm. The Defendant argues that there
was insufficient evidence to support his convictions.
Following our review, we affirm the judgments of the trial
R. App. P. 3 Appeal as of Right; Judgment of the Circuit
T. Howell, Jackson, Tennessee (on appeal); and Harold E.
Dorsey (at trial), Alamo, Tennessee, for the appellant,
Damarko D. Clay.
Herbert H. Slatery III, Attorney General and Reporter; Renee
W. Turner, Senior Counsel; JerryWoodall, District Attorney
General; and Brian M. Gilliam, Assistant District Attorney
General, for the appellee, State of Tennessee.
Kelly Thomas, Jr., J., delivered the opinion of the court, in
which James Curwood Witt, Jr., and Robert L. Holloway, Jr.,
KELLY THOMAS, JR., JUDGE
February 29, 2016, the Madison County Grand Jury indicted the
Defendant with one count each of possession of marijuana with
intent to sell, possession of marijuana with intent to
deliver, and possession of drug paraphernalia. See
Tenn. Code Ann. §§ 39-17-417, -425. As part of the
same indictment, the grand jury also charged the Defendant
with two counts each of possession of a firearm during the
commission of a dangerous felony and being a convicted felon
in possession of a firearm. See Tenn. Code Ann.
§ 39-17-1324. This case proceeded to trial on September
Highway Patrol Trooper Adam Cash testified that he was
assigned to Madison County and that he was working on June
19, 2015. He said that he conducted a traffic stop "on
Old Hickory Boulevard in Madison County, in Jackson[, ]"
explaining that he observed a Jeep Liberty "going over
the posted speed limit." Using radar, he "estimated
the speed to be 42 miles per hour in a 30 mile per hour
zone." Trooper Cash "activated [his] lights and
pulled [the Defendant] over" on Hollywood Drive. Trooper
I walked up to the driver's side window on the
driver's side and noticed that there were three occupants
in the vehicle and all of . . . the windows where [the
occupants] were seated were rolled down, which [was] odd for
the time of year it [was]. You know, normally people would
not have the windows open when it's hot in the middle of
the summer and with the AC on.
Cash determined that the driver was a man named Eric Coman,
the man in the front passenger seat was the Defendant, and
the backseat passenger was Michael Roberson. He explained
that none of the three men had identifying information, so he
conducted computer searches on each individual using
"several databases." Trooper Cash testified that he
intended to write the driver a ticket for speeding, for
failing to yield to the right to an emergency vehicle, and
for not having his driver's license.
Cash explained that he detected "some criminal
indicators, some clues or indicators that might, you know,
point to some kind of criminal activity being afoot, which
kind of raised my suspicions[.]" Trooper Cash said that
he called for "assistance from other officers" and
"called for a K9." He said that Officer Devon Bray
from the Jackson Police Department (JPD) arrived at the scene
with the requested dog. Trooper Cash said that in order for
Officer Bray to conduct the canine search, the three men
needed to exit the vehicle. Officer Cash ...