Lewis v. State, 4 Div. 19

• Decision Date: 12 October 1982
• Docket Number: 4 Div. 19
• Citation: 426 So.2d 932
• Parties: Michael Stephen LEWIS v. STATE.
• Court: Alabama Court of Criminal Appeals

Page 932

426 So.2d 932

Michael Stephen LEWIS v. STATE.

4 Div. 19.

Court of Criminal Appeals of Alabama.

Oct. 12, 1982.

Rehearing Denied Nov. 23, 1982.

Cary L. Dozier, Troy, for appellant.

Charles A. Graddick, Atty. Gen., and Leura J. Garrett, Asst. Atty. Gen., for appellee.

JOSEPH J. MULLINS, Retired Circuit Judge.

The appellant, Michael Lewis, was convicted of trafficking in cannabis, and sentenced to be imprisoned for a term of three years. He duly appeals to this Court.

The appellant was represented at all proceedings in the trial court, and is represented in this Court, by counsel appointed by the trial court. This appeal was submitted to this Court on briefs.

The appellant states in his brief three reasons why his conviction should be reversed. First, the warrant to search appellant's residence was improperly granted, and the evidence obtained in the execution of the warrant should have been suppressed; second, the search warrant was improperly executed; third, the trial court erred in denying appellant's motion for acquittal and motion for new trial on the grounds that there was no corroboration of an accomplice's testimony.

State's witness, Lester (Buster) Griffin, testified, in substance, that in September, 1981 he was living at Route 6, Box 94, Troy, Alabama; that he knows the appellant and identified him in the courtroom; that shortly before September 10, 1981 he talked to the appellant about traveling to the State of Nebraska and gathering marihuana; that the witness, Vera Hughes, Liz Griffin, witness' wife, Ronnie Smith, Tommy Pyles, Tommy Mount, and Mike Lewis, the appellant, all went to the City of Falls City, Nebraska, and all, except Liz Griffin, gathered marihuana in a nearby field; that they then went to Meryville, Missouri where they all picked marihuana, except Vera Hughes; that the appellant, the witness, and other parties of the trip, planned the trip to go gather the marihuana about a week before they left Troy, Alabama. That they purchased garbage bags at Jack and Jill Grocery across from the motel in Falls City where they stayed; that they gathered sixteen garbage bags full, and then returned to witness' home in Troy, Pike County; that the bags of marihuana were taken out of the cars within ten minutes of when they arrived at Griffin's home, and put in his house on the back porch; that Ronnie Smith, Tommy Pyles, Tommy Mount, the appellant, and witness, Lester (Buster) Griffin, all toted bags of marihuana from the cars into the house; that Vera Hughes and Mike Lewis, the appellant, then took Tommy Mount to Luverne, and came back to the house and went to sleep; that at about 9:00 o'clock the next morning the police woke Griffin up while they were taking the bags of marihuana off the back porch; that they went and gathered the marihuana for the purpose of bringing it back to Alabama and making some money out of it by selling it; that he has, since the search of his house, pleaded guilty to trafficking in cannabis, or marihuana; that no one has made any promises to him about his coming and testifying on the stand to get him to testify.

State's witness, Policeman Grady Reeves, testified, in substance, that he was employed as a City Policeman in September, 1981; that he investigated the charge in this case against the appellant, Mr. Lewis; that he had an occasion to, and did have a stakeout on the home of Mr. Buster Griffin; that he watched the house; that at about 4:47 A.M., September 10, 1981, Mr. Griffin, together with the appellant, Mr. Lewis, Mr. Griffin's wife, Liz Griffin, his sister, Vera Griffin, Mr. Tommy Pyles, Mr. Ronnie Robert Smith, and Mr. Tommy Mount arrived at Mr. Griffin's home riding in two vehicles, and pulled up into the yard, and all five men began to unload bags out of the cars, and carry these bags into the house; that he actually saw them take 12 or 13 bags into the house; that he saw the appellant, Mr. Lewis, carry some of the bags into the house; that he then went and got a search warrant for the house and returned about 8 or 9 A.M. the same morning, and in executing the warrant he found 17 large plastic bags in the house filled with marihuana; the bags contained 420 and one-half pounds of marihuana, and were turned over to A.B.C. Agent Gibson; samples were taken from each bag, marked for identification, and delivered to Mr. Saloom at the Toxicology Lab; that at the time he observed the removal of the bags from the cars into the house, he had probable cause to believe that they were carrying drugs into the house; that one of the members of the group who were unloading the bags there said for the others to hurry up and get the dope inside the house, using its street name.

State's witness, Joe Saloom, testified, in substance, that he was employed by Alabama Department Of Forensic Sciences, the Enterprise Division, as a Crime Laboratory Analyst (appellant stipulated as to his qualifications); the witness, after stating his qualifications, testified, in substance, that he received the evidence identified as state's exhibits 1 and 2; that state's exhibit 1, containing 17 plastic bags contained marihuana, a total weight of 200.7 grams, and state's exhibit 2, the plastic bags, contained an amount of marihuana that weighed 275.73 grams; that marihuana is cannabis. The state rested its case.

The appellant offered into evidence appellant's exhibit 1, an affidavit for a search warrant, in words and figures, as follows:

"AFFIDAVIT

"THE STATE OF ALABAMA )

)

"PIKE COUNTY )

"Before me, Riley P. Green, Judge of the Circuit Court of Pike County, Alabama, personally appeared Grady A. Reeves, who first being duly sworn, deposes and says as follows:

"My name is Grady A. Reeves and I am a Criminal Investigator for the Troy, Alabama, Police Department. I have reason to believe and do believe that there is presently contained in the house of Buster Griffin, Marihuana. I base this belief on the following facts:

"On Saturday, September 5, 1981, a confidential informant met with Investigator Donald Brown at the Troy Police Department. This informant stated that he was aware of several individuals who were presently enroute to Nebraska to obtain a large quantity of Marihuana. The informant further stated that these persons were: Buster Griffin, his wife, Liz Cook Griffin; Michael Lewis, and Vera Griffin. The informant stated that they intended to bring the marihuana back to Buster Griffin's residence where they would keep it until it was sold to various individuals in Troy, South Alabama, and North Florida. The confidential informant further stated that the aforementioned individuals would be accompanied by a white male known as 'Snuffy' Smith who would be driving a dark green older model Chevrolet station wagon. The informant stated that Buster Griffin and the other aforementioned individuals would be traveling in an older model blue Opel. This informant further stated that on several previous occasions the informant had observed marihuana inside Buster Griffin's residence. The informant also stated that all of the aforementioned individuals were known users and dealers in marihuana. The informant also stated that the aforementioned individuals had discussed the trip to Nebraska with the informant and had told the informant that they intended to obtain a minimum of 60 pounds of marihuana while in Nebraska. The residence of Buster Griffin was described by the informant as being a white frame dwelling which is located on the right hand side of U.S. highway 29 North of Troy, Alabama. The residence being located 2.05 miles North of Troy, Alabama City Limits on U.S. Highway 29. The residence is further described as being the second house on the right beyond Cody Dunn's store.

"On Sunday, September 6, 1981, at 8:30 a.m. Investigator Brown received a telephone call from Officer Bosinio of the Nebraska State Police, Narcotics Division. Officer Bosinio stated that he and other agents of the Nebraska State Police, Narcotics Division were presently maintaining surveillance on a 1971 Blue two door Open Bearing Alabama license plate FYM 838 and a 1971 Green Chevrolet station wagon bearing Alabama license plate BWL 218. Both vehicles were presently in Falls City, Nebraska. Officer Bosinio stated that the individuals occupying the vehicles had entered a grocery store in Falls City, Nebraska and purchased an unusually large quantity of plastic garbage bags and gloves. Officer Bosinio further stated that there was a very large quantity of marihuana which grows wild in the area around Falls City, Nebraska. He further stated that the common method of operation for those who illicitly gather the marihuana was to pick it and pack it in plastic garbage bags. Officer Bosinio further stated that the individuals occupying the aforementioned vehicles had checked into the Checks Inn motel in Falls City, Nebraska in rooms 22 and 24. The name used by the person renting the rooms was Buster Griffin. Registration checks on the license plates of the aforementioned vehicles revealed that the green station wagon was registered to Ronnie Smith, Troy, Alabama and the Blue Opel was registered to Vera Griffin, Rt. 5, Troy, Alabama. Officer Bosinio and the other members of the Nebraska State Police, Narcotics Division checked into room...