Court of Criminal Appeals of Tennessee, Nashville
Assigned on Briefs November 14, 2017
from the Criminal Court for Davidson County No. 2012-A-48
Cheryl A. Blackburn, Judge
Petitioner, Quanya Revell Prewitt, appeals the denial of her
petition for post-conviction relief from her conviction for
possession of dihydrocodeinone in a school zone with intent
to sell. She argues that she received ineffective assistance
of counsel and that the State committed prosecutorial
misconduct. After review, we affirm the denial of the
R. App. P. 3 Appeal as of Right; Judgment of the Criminal
Chad Davidson, Nashville, Tennessee, for the appellant,
Quanya Revell Prewitt.
Herbert H. Slatery III, Attorney General and Reporter; Brent
C. Cherry, Senior Counsel; Glenn R. Funk, District Attorney
General; and Megan M. King, Assistant District Attorney
General, for the appellee, State of Tennessee.
E. Glenn, J., delivered the opinion of the court, in which
John Everett Williams and Norma McGee Ogle, JJ., joined.
E. GLENN, JUDGE
2012, the Petitioner was indicted and convicted of possession
of dihydrocodeinone in a school zone with intent to sell, and
she was sentenced to three years in confinement at 100%
followed by one year of probation. The Petitioner appealed,
and this court affirmed the judgment of the trial court on
June 26, 2013.
underlying facts of the case were recited by this court on
direct appeal as follows:
On July 12, 2011, Metropolitan Nashville Police Department
("Metro") Officer Charles Large was on patrol when
an employee of the Z-Mart gas station approached him in the
parking lot of the station and made a complaint. Based upon
the information he received, Officer Large asked the
[Petitioner] and another individual, Tory Crawley, to come to
his car. Mr. Crawley showed Officer Large "a bunch of
pills, " and Officer Large confiscated the 12 pills.
During this time, the [Petitioner], who had not complied with
the officer's request to come to the car, walked to
"the side of the building next to a dumpster and a light
pole." After standing there for 20 or 30 seconds, she
then walked to where Officer Large stood with Mr. Crawley.
After the [Petitioner] denied any knowledge of the pills
confiscated from Mr. Crawley, Officer Large walked to the
area where the [Petitioner] had gone after exiting the store
and "found a prescription pill bottle sitting on a light
post base with her name on them." The bottle was labeled
with the [Petitioner]'s name and the prescription name
"hydrocholorothiazide, " and it contained 17
hydrocodone pills identical to those taken from Mr. Crawley.
Officer Large placed both individuals under arrest, and as
they drove to the police station, the [Petitioner] "said
that she just wanted to trade the pills for beer because she
had been drinking and wanted more to drink."
Officer Large utilized a map prepared by Metropolitan
Planning Department cadastral analyst Thomas Corcoran and
which highlighted a 1, 000 foot "buffer" around
Cameron Middle School to demonstrate that the Z-Mart parking
lot was located inside the buffer.
Mohammed Ayesh was working at the Z-Mart on July 12, 2011,
when the [Petitioner] came to the counter, placed some pills
on the counter, and asked if she could trade the pills for
beer. The cashier asked the [Petitioner] to leave, and then
either Mr. Ayesh or the cashier reported the incident to
Chemical testing by the Tennessee Bureau of Investigation
("TBI") established that the pills confiscated from
the [Petitioner] and Mr. Crawley were hydrocodone, the same
chemical compound also known as dihydrocodeinone and sold
under the brand name Vicodin. Hydrocholorothiazide, the
medication for which the bottle was labeled, does not contain
dihydrocodeinone but is instead a diuretic.
The [Petitioner] testified that she was prescribed
hydrocodone on July 1, 2011, for pain associated with an
injury. She said that she went to the Z-Mart on July 12,
2011, to purchase cigarettes and that when she got inside,
she saw Mr. Crawley "in it seemed like an altercation
with the clerk, " so she left the store. She claimed
that she did not see Officer Large and did not hear him call
to her the first time. She said that she stopped when the
Officer called a second time and that she placed the pill
bottle next to the light post because she was aware that she
had hydrocodone in the wrong prescription bottle. She claimed
that the hydrocodone pills got into the hydrochlorothiazide
bottle when all her pills spilled into her purse.
The [Petitioner] denied drinking on the night of the offense
and maintained that she did not attempt to trade her pills
for beer. She claimed that she was simply walking to a
friend's house and not trying to evade Officer Large.
During cross-examination, the [Petitioner] said that when her
friend telephoned and asked the [Petitioner] to come to her
house, she "picked up a pill bottle and put it in [her]
purse" and headed to the friend's house despite the
late hour. She insisted that she grabbed the pills because
she thought they were either for her hypertension or
hyperthyroid and that she intended to take them the following
morning. She said that, inexplicably, two bottles of
medication had emptied into her purse at the same time and
became mixed together. Despite having said during
direct-examination that she combined the pills into a single
bottle, she claimed that she randomly returned the pills to
two bottles. She could not explain how the bottle for
hydrochlorothiazide came to contain only hydrocodone pills.
The [Petitioner] said that she used her cellular telephone to
call her friend from the parking lot of the Z-Mart just after
she exited the store ahead of Mr. Crawley. She denied that
she and Mr. Crawley exited the store together and insisted
that Officer Large was lying when he said that they did.
Despite having claimed on direct examination that she put the
pill bottle on the ground because she knew that the pills
were in the wrong bottle, she denied knowing that hydrocodone
pills were in the bottle. The [Petitioner] also confusingly
claimed that she "didn't have nothing but one
bottle" and that her other pills must have been "in
the other bottle." She claimed that the officer lied
when he testified that she told him that she had tried to
trade the pills for beer.
State v. Quanya Revell Prewitt, No.
M2012-01627-CCA-R3-CD, 2013 WL 3282869, at *1-2 (Tenn. Crim.
App. June 26, 2013), perm. app. dismissed (Tenn.
Oct. 20, 2014), perm. app. ...