Eastin v. State
| Decision Date | 10 May 2007 |
| Docket Number | No. CR 06-1474.,CR 06-1474. |
| Citation | 257 S.W.3d 58,370 Ark. 10 |
| Parties | Max EASTIN, Appellant, v. STATE of Arkansas, Appellee. |
| Court | Arkansas Supreme Court |
Hurst, Morrissey & Hurst, PLLC, by: Q. Byrum Hurst, Jr., Hot Springs, for Appellant.
Dustin McDaniel, Att'y Gen., by: Laura Shue, Ass't Att'y Gen., Little Rock, for Appellee.
Max C. Eastin, the appellant, was convicted in a jury trial on four charges: (1) manufacturing methamphetamine; (2) use of paraphernalia to manufacture methamphetamine; (3) possession of a controlled substance; and (4) simultaneous possession of drugs and a firearm. A judgment and commitment order was entered on August 4, 2005, in conformity with the jury verdict, and Eastin was sentenced to serve consecutive sentences for a total time of 480 months in prison. Eastin appealed to the Arkansas Court of Appeals, which reversed his convictions in a published opinion. See Eastin v. State, 97 Ark.App. 81, 244 S.W.3d 718 (2006). This court has granted the State's petition for review. When we grant a petition for review, we treat the appeal as if it were originally filed in this court. Brown v. State, 368 Ark. 344, 246 S.W.3d 414 (2007). We affirm the circuit court and reverse the court of appeals.
The relevant facts regarding Eastin's appeal are as follows. On October 5, 2004, Officer Pete Dixon of the Group 6 Narcotics Enforcement Unit obtained a search warrant to search a houseboat named "Not Yet" docked at Iron Mountain Marina on Lake DeGray in Arkadelphia. Officer Dixon learned from a confidential informant that Eastin lived on the houseboat with his girlfriend, Teresa Holder, and that methamphetamine was being manufactured on the houseboat. In the affidavit submitted for the search warrant, Officer Dixon attested to the following facts:
1. Affiant states that on or about July 22, 2004, this Affiant was contacted by an individual that wished to cooperate with the Group 6 Narcotics Enforcement Unit, in that the individual wished to provide information to further felony drug investigations.
2. That this Affiant met with the aforementioned confidential informant and received numerous items of information, including information on the informant in lieu of prosecution.
3. That, included in the information provided, the informant stated that Teresa Holder was living with her boyfriend, Max [Eastin] on a houseboat docked at Iron Mountain Marina on Lake DeGray and that methamphetamine was being manufactured on the boat.
4. That the informant described the houseboat as being light in color with a maroon stripe, that the boat was named the "Not Yet", that it was docked on C Dock at the marina, and that the boat is owned by Max [Eastin's] father, who lives in Hot Springs, Arkansas.
5. That on or about July 24, 2004, this Affiant confirmed through the marina employees that Max [Eastin] did indeed live on the "Not Yet," which is in fact docked on C Dock at the marina, and that a female, presumed to be Teresa Holder, is commonly there.
6. That on or about October 5, 2004, this Affiant was contacted by Clark County Investigator Will Steed and advised that he was investigating the theft of a personal watercraft and personal watercraft trailer, and that Max [Eastin] and Teresa Holder were somewhat involved in the investigation. Investigator Steed stated that the watercraft and trailer were both stolen from Iron Mountain Marina and that the watercraft had been recovered in Hot Springs, Arkansas. During the course of the investigation Investigator Steed learned that the theft suspect is a friend of Max [Eastin's] and commonly at Iron Mountain Marina to visit.
7. That this Affiant agreed to contact the aforementioned informant to see if any other information could be obtained with regards to the watercraft theft. This Affiant contacted the informant by phone and learned that the informant has been to the houseboat within the past seventy-two (72) hours. The informant stated that while in the houseboat a glass jar containing a pill soak was seen in plain view. The informant further stated that Teresa Holder possessed methamphetamine for personal use, and that they were undocking the boat at night and going out onto the lake to manufacture the drug.
8. That this Affiant contacted Investigator Steed and advised of the information. Investigator Steed confirmed through marina employees that the "Not Yet" has been going out onto the lake during nighttime hours lately.
A search warrant was issued by the circuit court and subsequently executed. Police officers found methamphetamine and the paraphernalia used for its manufacture on the houseboat, as well as a loaded handgun in a dresser located beside Eastin's bed.
On February 1, 2005, Eastin moved to suppress the evidence seized from the houseboat and argued in that motion that "[t]he reliability of the confidential informant had not been determined by the affiant and should not provide a basis for the issuance of a search and seizure warrant." He also moved that the State reveal the identity of the confidential informant. A pretrial hearing was held on both motions. After hearing testimony from Officer Dixon, the circuit court first denied Eastin's motion to reveal the informant's identity and then denied his motion to suppress the items seized in the search, after defense counsel informed the circuit court that he was unable to proceed without knowing the identity of the informant.
A jury trial was held on July 20, 2005. During Officer Dixon's testimony, the State moved to introduce a transcript of a recorded statement given by Eastin to Officer Dixon the day after the houseboat was searched. Eastin, through his counsel, objected and argued that the tape recording itself was the best evidence. The State explained that the tape had been destroyed in a fire in the prosecutor's office, and defense counsel did not contest this fact. Over defense counsel's objection, the circuit court allowed the transcript of the recorded statement to be introduced into evidence.
At the end of the State's case, defense counsel moved for a directed verdict and argued that "the State [had] not made a prima facie case." The circuit court denied the motion. Eastin chose not to testify at trial, and the defense rested without presenting any evidence. Defense counsel then renewed his motion for a directed verdict, "based on lack of proof," and his motion was again denied. The jury returned a guilty verdict on all four counts and assessed the sentence already referenced in this opinion.
Eastin urges that there was insufficient evidence to convict him of manufacturing methamphetamine, using paraphernalia to manufacture methamphetamine, possession of a controlled substance, and simultaneous possession of a firearm and a controlled substance. He contends that the State offered no evidence that he personally was in possession of any contraband and further maintains that the evidence seized from the boathouse is sufficient only to show that Teresa Holder possessed contraband. Eastin insists that while he may have admitted the use of methamphetamine in his statement, there is no other independent evidence to indicate that he was the possessor of the contraband seized from the boathouse. He further claims that there is no evidence that he knew how to manufacture methamphetamine or ever participated in the manufacturing process other than the testimony of Teresa Holder, an accomplice, which is insufficient to convict a defendant absent some other independent evidence. Finally, he argues, regarding the firearm seized from his dresser, that there was no evidence that showed any connection between the firearm and a controlled substance.
Although Eastin raises this issue as his third point on appeal, this court must consider his sufficiency arguments before addressing any asserted evidentiary errors to preserve Eastin's freedom from being placed in double jeopardy. See Nelson v. State, 365 Ark. 314, 229 S.W.3d 35 (2006).
We first consider whether this issue is preserved for appeal. Rule 33.1(c) of the Arkansas Rules of Criminal Procedure provides:
(c) The failure of a defendant to challenge the sufficiency of the evidence at the times and in the manner required in subsections (a) and (b) above will constitute waiver of any question pertaining to the sufficiency of the evidence to support the verdict or judgment. A motion for directed verdict or for dismissal based on insufficiency of the evidence must specify the respect in which the evidence is deficient. A motion merely stating that the evidence is insufficient does not preserve for appeal issues relating to a specific deficiency such as insufficient proof on the elements of the offense. . . .
Hence, our rule is clear that a motion for a directed verdict must specifically advise the circuit court about how the evidence was insufficient. See Smith v. State, 367 Ark. 274, 239 S.W.3d 494 (2006). As a further matter, this court has said that Rule 33.1(c) must be strictly construed and that the reasons behind the requirement that specific grounds must be stated and the absent proof must be specified is to allow the State an opportunity to reopen its case and present the missing proof. See Davis v. State, 365 Ark. 634, 232 S.W.3d 476 (2006); Smith, supra.
At the end of the State's case, defense counsel made the following statement: "[s]ince the State rested, I'll make a motion for directed verdict of acquittal, based on the fact the State has not made a prima facie case." Defense counsel said nothing further. The defense presented no evidence, and after Eastin informed the circuit court that he chose not to testify, defense counsel said: "[w]e rest, your Honor, and I renew the motions that I made at the end of the State's case for directed verdict acquittal, based on lack of proof."
We conclude that Eastin's sufficiency argument is not preserved for...
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