Mayfield v. State

• Decision Date: 27 January 1995
• Docket Number: No. 12-93-00072-CR,12-93-00072-CR
• Citation: 906 S.W.2d 46
• Parties: Ricky MAYFIELD, Appellant v. The STATE of Texas, Appellee.
• Court: Texas Court of Appeals

Page 46

906 S.W.2d 46

Ricky MAYFIELD, Appellant v. The STATE of Texas, Appellee.

No. 12-93-00072-CR.

Court of Appeals of Texas,

Tyler.

Jan. 27, 1995.

Rehearing Overruled April 7, 1995.

Discretionary Review Refused Aug. 23, 1995.

Ardon Moore, Tyler, for appellant.

Ed Marty, Tyler, for appellee.

HOLCOMB, Justice.

A jury convicted Appellant of engaging in organized criminal activity and sentenced him to 32 years in prison. Appellant assigns six points of error. In his first two points Appellant challenges the sufficiency of the evidence to support his conviction. In the next four points, Appellant contends that the court erred when it: (1) refused to instruct the jury on accomplice testimony; (2) failed to quash his indictment; (3) admitted into evidence the acts of co-defendants; and (4) failed to quash the jury, which permitted the State to use its strikes in a discriminatory manner. We will affirm.

To better manage various alleged criminal activity in the neighborhoods, the Tyler Police Department divided Tyler into four sections geographically and assigned patrol officers to each section. One of the areas known for frequent drug trafficking, particularly crack cocaine, is referred to as "the Cut." "The Cut" is an area at the intersection of Dargan, Vance, and Palace Streets near Texas College. It is called "the Cut" because Palace Street zigzags at the intersection and people openly congregate at this intersection to buy and sell crack cocaine. In an effort to reduce or stop the "open air drug market," Tyler police began a covert surveillance operation in an apartment building nearby. For a period of three days during 1991, officer Steve Sharron used a video camcorder with a night scope and recorded the activities at "the Cut" for several hours. The tapes showed that dealers approached the cars as they stopped at the intersection and exchanged money for "rocks" of cocaine. During the three day surveillance, the same individuals continuously supplied, delivered, and displayed drugs. Undercover officer Bledsoe wore a "body-mike" and made several "buys" of crack cocaine from various dealers. After approximately 20 transactions were recorded, a raid ensued. Most of the "rocks" were laboratory tested and verified as crack cocaine; however, some of the rocks were found to be sheetrock. Appellant and several other individuals who appeared on the video tapes were arrested and indicted for delivery of a controlled substance, as well as for participating in an organized criminal activity.

In his first two points, Appellant challenges the sufficiency of the evidence to support his conviction. He argues that the State did not present any evidence to prove that he committed the underlying offense of delivery of a controlled substance, nor did it present any evidence that he conspired with others to participate in a combination in furtherance of a criminal activity. See TEX.PENAL CODE ANN. & 29.02 (Vernon 1989). After reviewing the record, we hold that the evidence was sufficient for the jury to conclude that Appellant operated within an orchestrated scheme to deliver a controlled substance.

In determining whether a conviction was supported by sufficient evidence, we view the evidence presented in the light most favorable to the verdict. See Flournoy v. State, 668 S.W.2d 380, 383 (Tex.Cr.App.1984). The critical inquiry is whether any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt. Bonham v. State, 680 S.W.2d 815, 819 (Tex.Cr.App.1984), cert. denied, 474 U.S. 865, 106 S.Ct. 184, 88 L.Ed.2d 153. This standard places full responsibility on the trier of fact to weigh the evidence, to resolve conflicts in the testimony, and to draw reasonable inferences from basic to ultimate facts. Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979). If there is evidence to establish the defendant's guilt beyond a reasonable doubt, and the jury believes the evidence, the appellate court cannot reverse the judgment on an evidence point. See Soto v. State, 864 S.W.2d 687, 691 (Tex.App.--Houston [14th Dist.] 1993, pet ref'd).

To be convicted of the offense of participating in an organized criminal activity, the actor must have committed, or must have conspired to commit, a crime with the specific intent to participate in that crime with a number of persons. See Barber v. State, 764 S.W.2d 232, 234 (Tex.Cr.App.1988); see also, Richardson, 763 S.W.2d at 596. The underlying crime in Appellant's case is the delivery of a controlled substance. By definition, a person "conspires to commit" a crime when he agrees with others to engage in conduct that would constitute an offense and performs some overt act pursuant to their agreement. TEX.PENAL CODE ANN. § 71.01 (Vernon 1994). Many times an "agreement" that constitutes a conspiracy has to be inferred from the parties' conduct. Id. The State must prove that Appellant intended to be a part of a combination, and that he intended to participate in the profits of that combination. Childress v. State, 807 S.W.2d 424, 435 (Tex.App.--Amarillo 1991, no pet.); Richardson v. State, 763 S.W.2d 594, 596 (Tex.App.--Corpus Christi 1988, no pet.). The State must also prove that the accused knew of the criminal activity of the group. Nickerson v. State, 686 S.W.2d 294, 297 (Tex.App.--Houston [14th Dist.] 1985, pet. ref'd.).

As in all conspiracy cases, it is difficult for the State to prove that Appellant intended to act within a combination. Direct evidence is rarely available. Typically, the State has to offer evidence of Appellant's conduct, as well as the surrounding circumstances, to show that he had knowledge of the criminal activity within the group, and that he intended to participate. Nickerson v. State, 686 S.W.2d 294, 297 (Tex.App.--Houston [14th Dist.] 1985, pet ref'd). Similar methods of operation, joint activities within the group, and methods of communication "understood" within the group are acts that tend to support the finding of conspiracy.

During this particular surveillance period at "the Cut," the evidence shows that Officer Bledsoe drove into the intersection late in the evening of August 30, 1991. The evidence is conflicting as to whether Appellant approached Officer Bledsoe or whether Bledsoe waived Appellant over to his car. Bledsoe told Appellant that he wanted a $20.00 rock of cocaine. After Appellant informs Bledsoe that he did not have any drugs, Appellant then attempts to get Bledsoe to "trust" him and front him money so that he can buy some cocaine for Bledsoe. Bledsoe refused. Appellant then offered to get in Bledsoe's car and drive around to look for someone who was selling cocaine. Again, Bledsoe refused.

Appellant continues to ask Bledsoe to front him $20.00. Appellant then sees Dexter Cravens, who is a "main dealer" that was indicted along with Appellant for his involvement in drug activity within "the Cut." Cravens was initially hesitant to sell to Bledsoe because he suspected that Bledsoe was an undercover agent. Appellant then goes to a residence on West Vance Street, which is the location where main dealers congregate and assist the "street sellers" in replenishing their supply of drugs. However, Appellant returned without any drugs for Bledsoe. Appellant then rejoins Cravens, and Cravens eventually sells Bledsoe a rock of cocaine in exchange for $20.00. After the sale, Appellant requested that Bledsoe give him a "bump" from Bledsoe's rock because he had "worked hard for it." Bledsoe gave Appellant a bump.

At trial, the State admitted into evidence the video tape that undercover officer Sharron had made at "the Cut" during the period of surveillance. During a period of three hours, Appellant appears on the film approximately eighteen times. At various times, Appellant was seen intermingling with at least five other persons who were reputed to be either main dealers or street sellers. At one juncture, Appellant was taped approaching a car, delivering what appeared to be cocaine to the driver, receiving money in exchange for the delivery, and then giving Patrick Weldon, a main dealer, the money.

At trial, Dexter Cravens was offered immunity by the State in exchange for his testimony about the activities at "the Cut." He explained to the jury the procedure commonly used at "the Cut" between main dealers and street sellers to sell drugs. According to Cravens, main dealers do not like to make the sales themselves because they want to reduce the risk of being "busted." It is either the street sellers or "fiends" who exchange drugs for money with the buyers. After a sale is made, the street sellers or fiends return the money to the main dealer. The street sellers generally receive money as a commission for the sale; however, a fiend generally receives a bump of rock cocaine as a commission for the sale.

Although Cravens was subpoenaed by Appellant and attempted to testify in favor of Appellant, the statements that he made were contradictory to a written statement that he had previously given to the police. At trial, Cravens initially stated that he was surprised that Appellant had been implicated along with the others for the activities at "the Cut." He denied that he and Appellant were working together under any kind of understanding or agreement to sell drugs to Bledsoe and seemed confused by the word "conspiracy." He also denied knowing that anyone who was selling drugs at "the Cut" was working within an agreement. However, the State admitted Exhibit 46, which was a written statement that Cravens had made to the police shortly after he was arrested. In that statement, Cravens said, "I saw Ricky Mayfield negotiate the sale of a rock for me to an undercover officer [Bledsoe] ... Ricky Mayfield is mostly a fiend. He will sell for a lot of different people so he can take a rock as payment." Cravens later admitted that late in the evening on August 30th and early in the morning on August 31s...