Assigned on Briefs June 5, 2019
from the Circuit Court for Carroll County No. 17-CR-23 Donald
E. Parish, Judge.
Cedric Dante Harris, was convicted of possession of 0.5 grams
or more of methamphetamine with intent to deliver, simple
possession of marijuana, and tampering with evidence. He
appeals, arguing that the evidence was insufficient to
support his convictions. After carefully reviewing the
record, we conclude that the evidence was sufficient.
Accordingly, the judgments of the trial court are affirmed.
R. App. P. 3 Appeal as of Right; Judgments of the Circuit
Wilkinson, District Public Defender; Billy R. Roe, Assistant
District Public Defender, for the appellant, Cedric Dante
Herbert H. Slatery III, Attorney General and Reporter; Brent
C. Cherry, Senior Assistant Attorney General; Michael F.
Stowe, District Attorney General; and James B. Webb,
Assistant District Attorney General, for the appellee, State
Timothy L. Easter, J., delivered the opinion of the court, in
which Thomas T. Woodall and Alan E. Glenn, JJ., joined.
TIMOTHY L. EASTER, JUDGE
History and Factual Summary
was indicted for one count of possession of 0.5 grams or more
of methamphetamine with intent to deliver, one count of
simple possession of marijuana, one count of tampering with
evidence, one count of unlawful possession of a weapon, and
one count of possession of a firearm during the commission of
a dangerous felony. Defendant proceeded to trial, during
which the following facts were adduced.
October 28, 2016, the 24th Judicial District Drug Task Force
executed an arrest warrant for Bobby Joe Kemp, Jr. Upon
reaching the address in Huntingdon, Tennessee listed on the
warrant, Agent Jason Caldwell knocked on the front door. They
were informed by the occupant of the residence, Tyler Moore,
that Mr. Kemp did not live there. Shortly after this
conversation transpired, two members of the task force,
including United States Marshal Shane Brown, entered the home
through the back door. Marshal Brown breached the back door
of the house after he tried and failed to receive
confirmation that the officers at the front door had entered
the residence. Marshal Brown heard commotion and a toilet
flushing within the house. Marshal Brown described the
movement he heard inside the house as "[h]urried . . .
like stomping, running." Once he entered the house,
Marshal Brown encountered Defendant in the kitchen
"trying to come out the back." Defendant gave
Marshal Brown permission to search the house for Mr. Kemp.
searched the house room-by-room. During this sweep of the
house, the officers came across a set of digital scales in
the kitchen. In the bathroom, connected to the rear bedroom,
they found 5.12 grams of marijuana and a clear bag containing
3.45 grams of a crystal substance that tested positive for
methamphetamine inside of the toilet. Agent Caldwell and Tim
Meggs, the director of the task force, testified that the
amount of methamphetamine recovered along with the other
evidence collected implied Defendant was a dealer rather than
simply a user.
officers found a debit card with Defendant's name on it.
They also found clothing that the officers concluded belonged
to Defendant in the rear bedroom. They determined they were
Defendant's clothes because they were for a "heavier
individual." The articles of clothing did not appear to
fit Mr. Moore's body type. When the officers searched
Defendant, they found $2100 on him in "multiple
denominations." A .22 caliber rifle was also found
underneath a couch in the living room, but there was no
ammunition found in the house.
Deputy David Bunn of the Carroll County Sheriff's Office
arrived at the house after the initial search for Mr. Kemp
and gathered information needed to show probable cause in
order to get a search warrant for the front bedroom. After
obtaining a search warrant, Deputy Bunn returned to ...