State v. Harris
| Decision Date | 21 August 2001 |
| Docket Number | No. COA00-796.,COA00-796. |
| Citation | 551 S.E.2d 499,145 NC App. 570 |
| Parties | STATE of North Carolina v. Darian Jaquan HARRIS. |
| Court | North Carolina Court of Appeals |
Attorney General Michael F. Easley, by Assistant Attorney General Marvin R. Waters, for the State.
Appellate Defender Malcolm Ray Hunter, Jr., by Assistant Appellate Defender Jarvis John Edgerton, IV, for defendant-appellant.
Darian Jaquan Harris ("defendant") appeals from the judgment entered on jury verdicts finding him guilty of possession with intent to sell and deliver cocaine and conspiracy to possess with intent to sell and deliver cocaine. On appeal, defendant assigns error to the trial court's denial of his: (1) motions for a mistrial based on alleged juror misconduct, motion to conduct an inquiry into possible jury misconduct, and objection to the return of a document to a juror, (2) motions to dismiss based on insufficient evidence of conspiracy, and (3) motion to suppress evidence. After a careful review of the record and briefs, we find no error.
At trial, the State's evidence tended to show that on 16 February 1999, Detective Kyle Shearer ("Detective Shearer"), of the Greensboro Police Department, was investigating a narcotics complaint at the residence of Joyce McSwain ("McSwain") in Greensboro, North Carolina. During the consent search of McSwain's home, Detective Shearer found a piece of paper with a phone number and the name "Heavy"—who was later identified as defendant—written on it. Upon being questioned, McSwain told Detective Shearer that "Heavy" was her source of cocaine, and that "Heavy" was a fat black male, approximately 6'3" to 6'4" tall. Detective Shearer called the phone number on the slip of paper and left a numeric page with McSwain's phone number. Shortly thereafter, McSwain's phone rang, and Detective Shearer answered the phone and spoke with defendant, who represented himself as "Heavy." Detective Shearer and defendant then negotiated a drug deal to take place at McSwain's residence.
While awaiting defendant's arrival for the drug deal, McSwain received several phone calls. After approximately thirty minutes, defendant did not arrive. Detective Shearer then called defendant's pager number again, left a numeric page with his cellular phone number, received a call, recognized the voice as defendant's, and inquired as to what happened with the drug deal. During this call, defendant stated that he was not involved in the drug business, and he told Detective Shearer not to page him again.
Then two days later, on 18 February 1999, Detective Shearer dialed defendant's pager number again. This time he entered the phone numbers of two phones at the Greensboro Police Department. Within a few minutes, the two phones rang, and Detective Shearer determined from the caller ID on the phones that the calls were originating from the Extended Stay America Hotel in Greensboro, North Carolina.
Thereafter, Detective Shearer and three other detectives went to the Extended Stay America Hotel, and upon arrival, the detectives spoke with hotel personnel. Specifically, Detective Shearer indicated that some guests at the hotel might be engaged in the sale of narcotics, and he gave McSwain's description of "Heavy." The hotel employees informed the detectives that room 308 was receiving a large amount of foot traffic, and the guests were constantly using the phone. Based on this information, the detectives observed room 308 for approximately forty-five minutes. However, the detectives did not witness any suspicious activity afoot.
Consequently, Detective Shearer once again dialed defendant's pager number, left his pager number, and did not receive a response. After this failed attempt to contact defendant, Detective Shearer called the telephone in room 308, an individual answered the phone, and Detective Shearer recognized the voice as defendant's. Detective Shearer indicated that he was with the hotel's maintenance staff; there were problems with the smoke detector in the room; and a maintenance worker would be coming by room 308 shortly to repair the problem. During the call, defendant inquired as to whether there were any washing machines in the hotel.
After this conversation, the detectives went to room 308, and Detective Shearer knocked on the door. A voice from inside the room inquired as to who was there, and Detective Shearer responded, "maintenance." Brandon Martin ("Martin"), one of the occupants of the room, opened the door. When the door opened, Detective Shearer, holding his credentials in his hand, identified himself as a police officer. Upon seeing Detective Shearer, Martin reached into his pocket and started to back away. As he did so, a "baggie corner" fell out of his pocket. Detective Shearer saw the "baggie corner," as well as one other on the floor, and recognized them as a type of storage bag used for packaging narcotics. At this point, Martin ran into the room's bathroom, and Detective Shearer entered the room to chase him. Before Detective Shearer could reach Martin, Martin was able to slam the bathroom's door shut and flush the toilet. Thereafter, Detective Shearer secured Martin in the bathroom.
While Detective Shearer was pursuing Martin, the other detectives entered room 308 and noticed two other individuals in the room. One of the individuals, defendant—"a large heavyset black male"—was standing next to a bed with his hands in his pockets. When the detectives ordered defendant to remove his hands from his pockets, defendant opened his mouth, moved his left hand to his mouth, and lunged towards the bed. Ultimately, two detectives physically subdued defendant on top of the bed, while the other detective secured another individual, Terrence Jackson, who was sitting on a second bed in the room.
Defendant, who used the false name of his brother, and Martin were arrested. Upon a subsequent search of the room, the detectives discovered large size clothes (the clothes seemed to be defendant's size, and would not fit the other two individuals in the room), three "baggie corners" with white residue, three razor blades with white residue, a box of sandwich bags, electronic scales, a pager, and a handgun under the mattress of the bed, where defendant lunged. SBI testing showed that the white residue on the "baggie corners" and razor blades tested positive for cocaine. A search of defendant's person revealed a second pager and $770.00 in United States currency. When Detective Shearer searched the memory of defendant's pager, he found his cellular phone number and the numbers of the two phones with caller ID that he used at the police station.
On 8 November 1999, defendant's case was heard during the Criminal Session of Guilford County Superior Court, the Honorable Jerry Cash Martin presiding. At the conclusion of the trial, a jury found defendant guilty of possession with intent to sell and deliver cocaine and conspiracy to possess with intent to sell and deliver cocaine. Thereafter, Judge Martin entered judgment and sentenced defendant to imprisonment. Defendant now appeals.
In his first assignment of error, defendant contends that the trial court erred when it denied his motions for a mistrial based on a juror's alleged misconduct, motion to conduct an inquiry into possible jury misconduct, and objection to the return of a document to a juror. However, we find no error.
Michael Boulton ("juror Boulton") was chosen as a juror for defendant's trial. At the close of all the evidence, the case was turned over to the jury, and the jury began its deliberations on Wednesday, 10 November 1999. Prior to recessing for the night, the trial court announced that there would be no court the next day (Thursday) due to a holiday, therefore court would not reconvene until Friday, 12 November 1999. Additionally, the court ordered the jurors to cease with deliberations, and "[m]ake no inquiry or investigation of your own about this matter."
Thereafter, on 12 November 1999, court reconvened and the jury returned. However, juror Boulton returned with a two-page type-written document ("document") that he created. The document was titled "Circumstantial Evidence," and it listed fourteen circumstantial factors based on trial evidence pointing towards defendant's guilt. Juror Boulton gave the document to the court bailiff, and asked if the bailiff could make copies to distribute to the other eleven jurors. Upon receipt of the document, the bailiff turned it over to the trial judge, who then showed the document to counsel for both parties.
Subsequently, defense counsel, alleging juror misconduct, made a motion for a mistrial, a motion to conduct an inquiry into possible jury misconduct, and an objection to the return of the document to juror Boulton; however, the trial court denied the motions and objection, and returned the document to juror Boulton (without copies) for use during deliberations. Specifically, the trial court ruled:
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