Assigned on Briefs May 7, 2019
from the Circuit Court for Madison County No. 18-72 Roy B.
Morgan, Jr., Judge
Prentice Farrell Anderson, was indicted by the Madison County
Grand Jury for one count each of possession of more than 0.5
ounce of marijuana with intent to sell; possession of more
than 0.5 ounce of marijuana with intent to deliver;
possession of 0.5 gram or more of cocaine with intent to
sell; possession of 0.5 gram or more of cocaine with intent
to deliver; unlawful possession of hydrocodone; possession
with intent to use drug paraphernalia; driving with a
canceled, suspended, or revoked license; and driving in
violation of the window tint law. A jury found Defendant
guilty as charged on all eight counts. The trial court merged
Defendant's convictions for possession with intent to
sell and possession with intent to deliver marijuana, as well
as his convictions for possession with intent to sell and
possession with intent to deliver cocaine, and Defendant
received a total effective sentence of ten years'
incarceration. In this appeal as of right, Defendant contends
that the evidence was insufficient to support his convictions
because the State failed to prove possession beyond a
reasonable doubt. Having reviewed the record and the briefs
of the parties, we affirm the judgments of the trial court.
R. App. P. 3 Appeal as of Right; Judgments of the Circuit
Morton Googe, District Public Defender; and Jeremy B.
Epperson, Assistant Public Defender, for the appellant,
Prentice Farrell Anderson.
Herbert H. Slatery III, Attorney General and Reporter; Robert
W. Wilson, Assistant Attorney General; James G. (Jerry)
Woodall, District Attorney General; and Lee Sparks, Assistant
District Attorney General, for the appellee, State of
T. Woodall, J., delivered the opinion of the court, in which
James Curwood Witt, Jr. and D. Kelly Thomas, Jr., JJ.,
T. WOODALL, JUDGE
Proof presented at trial
6, 2017, Investigators Rodney Savage, Kelly Schrotberger, and
Ashley Robertson of the Jackson Police Department stopped a
green Chevrolet Avalanche in the area of Highway 70 East and
Interstate 40 in Jackson, Tennessee. The investigators
stopped the vehicle because its windows appeared to be tinted
darker than what is legally allowed. Investigator Savage
testified that he approached the vehicle and made contact
with Defendant, who was driving the vehicle and was the only
occupant of the vehicle. He testified that he "smell[ed]
a strong odor of marijuana coming from inside the
vehicle." He also observed "a plastic bag with a
green leafy substance that [officers] identified as
marijuana." The bag containing marijuana was on the
center console. Investigator Savage testified that he checked
Defendant's license and discovered that it was revoked.
He also testified that he used a tintometer to test the tint
of the windows on the vehicle and discovered that the tint
was 18 percent, which is outside of the legal limit of 35
percent. Investigator Savage determined that the vehicle was
registered to Moniqua Helms. Investigator Savage testified
that it was common for drug traffickers to use a vehicle
owned by another person. Defendant gave a written statement
that a person he knew as "Slang" or
"Blade" was going to pay him to deliver the vehicle
to a Walmart parking lot.
Schrotberger testified that she approached the passenger side
of the vehicle and also saw a plastic bag containing what
appeared to be marijuana on the center console of the
vehicle. She also smelled an odor of marijuana coming from
inside the vehicle. Investigator Schrotberger searched the
vehicle after Investigator Savage asked Defendant to exit the
vehicle. In the floorboard of the back passenger side of the
vehicle, she found a duffel bag containing marijuana,
cocaine, hydrocodone pills, and drug paraphernalia. She also
found identification belonging to Shartavous Rollins inside
Robertson testified that the vehicle was registered to Mr.
Rollins' mother, Moniqua Helms. The substances found
inside the vehicle were analyzed by the Tennessee Bureau of
Investigation (TBI). Rachel Strandquist, a special agent
forensic scientist with the TBI, testified that the items
seized included 215.24 grams of marijuana, a yellow tablet of
hydrocodone, a white tablet of hydrocodone, and 21.96 grams
testified that on July 6, 2017, he saw investigators
"roll by" his apartment complex. He testified that
after investigators left, Mr. Rollins, whom Defendant knew as
"Tookie," offered him $100 to drive Mr.
Rollins' vehicle to a Walmart parking lot. Defendant
testified that he agreed because he "needed the money at
the time." Defendant opened the vehicle door and smelled
marijuana. Defendant asked Mr. Rollins if there was
"anything in [the] truck [he] needed to know
about," and Mr. Rollins replied, "no."
Defendant testified that Mr. Rollins told him that he had
just smoked marijuana in the vehicle. Defendant got into the
vehicle and sprayed an odor eliminator called "Blunt
Effects." Defendant testified that he did not have any
knowledge of any illegal substances inside the vehicle. He
acknowledged that his driver's license was revoked at the
time he drove the vehicle.
testified that the investigators followed him for "a
good three to four miles." Defendant testified that
there was no marijuana on the center console of the vehicle
while he was driving. He testified that he did not notice a
bag of marijuana in the passenger side cup holder until
Investigator Schrotberger pointed it out to him. He testified
that if he had known there was marijuana in the vehicle, he
"probably would have tried to dispose of it."
Defendant acknowledged that he had ...