State v. Meyers

• Decision Date: 04 September 2018
• Docket Number: No. 77749-1-I,77749-1-I
• Court: Washington Court of Appeals
• Parties: STATE OF WASHINGTON, Respondent, v. TROY DARRIN MEYERS, Appellant.

STATE OF WASHINGTON, Respondent, v. TROY DARRIN MEYERS, Appellant.

No. 77749-1-I

COURT OF APPEALS OF THE STATE OF WASHINGTON DIVISION ONE

September 4, 2018

ORDER GRANTING MOTION FOR RECONSIDERATION IN PART AND AMENDING OPINION

Appellant Troy Darrin Meyers filed a motion to reconsider the opinion filed on September 4, 2018 and strike the $500 victim penalty assessment, the $200 criminal filing fee, the $2,000 drug enforcement fund fee, the $100 DNA¹ fee, and the $100 crime laboratory fee. Meyers cites the 2018 amendments to the legal financial obligation statutes, Laws of 2018, chapter 269, and State v. Ramirez, 191 Wn.2d 732, 426 P.3d 714 (2018). The State filed an answer. A majority of the panel has determined that reconsideration should be granted in part and the opinion filed on September 4, 2018 amended as follows:

The first paragraph on page 17 shall be amended as follows:

In 2018, the Washington State Legislature amended the legal financial obligation statutes. LAWS OF 2018, ch. 269. In State v. Ramirez, 191 Wn.2d 732, 747, 426 P.3d 714 (2018), the Washington Supreme Court held the 2018 amendments to the legal financial obligation statutes apply tocases "pending on direct review and thus not final when the amendments were enacted." The State concedes the 2018 amendments apply to Meyers.

As amended, the criminal filing fee statute states:

Upon conviction or plea of guilty, upon failure to prosecute an appeal from a court of limited jurisdiction as provided by law, or upon affirmance of a conviction by a court of limited jurisdiction, an adult defendant in a criminal case shall be liable for a fee of two hundred dollars, except this fee shall not be imposed on a defendant who is indigent as defined in RCW 10.101.010(3) (a) through (c).

RCW 36.18.020(2)(h).

The amended DNA collection fee statute states, in pertinent part:

Every sentence imposed for a crime specified in RCW 43.43.754 must include a fee of one hundred dollars unless the state has previously collected the offender's DNA as a result of a prior conviction.

RCW 43.43.7541.

The legislature did not amend the victim penalty assessment statute, RCW 7.68.035.

On remand, the court shall determine whether Meyers is indigent and whether to impose the $2,000 drug enforcement fund fee and the $200 criminal filing fee. The court shall also determine whether Meyers has previously submitted a DNA sample as a result of a prior conviction and if Meyers submits a verified petition, whether to impose the $100 crime laboratory fee.

Now, therefore, it is hereby ORDERED that appellant's motion for reconsideration is granted in part and the opinion filed on September 4, 2018 amended as set forth in the order.

/s/_________

/s/_________

UNPUBLISHED OPINION

SCHINDLER, J. — The court found Troy Darrin Meyers guilty of unlawful possession of methamphetamine with intent to deliver and unlawful possession of cocaine. Meyers seeks reversal of the convictions, arguing the court erred in denying his motion to suppress the evidence seized from his house. Meyers contends the affidavit in support of the search warrant did not support finding probable cause to issue the search warrant. Meyers also contends the court erred by imposing discretionary legal financial obligations. Because the affidavit supports probable cause to issue the search warrant, we affirm the convictions. But we remand to consider the ability to pay the discretionary $2,000 drug enforcement fund fee and upon submission of a verified petition of indigency, the $100 crime laboratory fee.

FACTS

In 2014, an informant contacted Department of Corrections (DOC) probation officer Rob Campbell about Troy Darrin Meyers selling drugs. DOC Officer Campbell had worked with the informant for several years. The informant told Campbell that because she did not get along with Meyers, he should talk to Patrick Lenhart and Adrienne Woods.

In April, Campbell met with Lenhart and Woods. Campbell contacted Vancouver Police Department East Precinct Neighborhood Response Team Detective Erik Jennings. Detective Jennings met with Campbell, Lenhart, and Woods. Woods agreed to work with the police to conduct a "controlled buy" of methamphetamine from Meyers. Woods requested her identity and the information she provided remain confidential.

On May 21, Woods called Meyers to arrange to meet him at his house to buy methamphetamine. The police searched Woods to ensure she did not have "money and contraband." Detective Jennings gave Woods the prerecorded "buy money." A number of other officers also participated in the controlled buy. During the approximate 10 minutes she was in Meyers' house, Woods sent text messages to Detective Jennings. After Woods left the house, she met Detective Jennings and handed him a "baggie" with a white crystalline substance. Detective Jennings confirmed the white substance was methamphetamine.

On May 23, 2014, Detective Jennings submitted an affidavit in support of the request for a warrant to search Meyers' residence for evidence of possession of methamphetamine with intent to deliver. The affidavit refers to Woods as the"Cl."² Detective Jennings describes the relationship between the Cl and Meyers and Woods' previous purchases of methamphetamine.

[T]he Cl stated he/she has known a white male subject identified as Troy Meyers for approximately 9 months. During this time period, the Cl stated he/she has purchased Methamphetamine from [Meyers] 2 to 3 times a week. During the Cl's friendship/relationship with [Meyers], the Cl stated he/she has made over 50 purchases of Methamphetamine from [Meyers]. When asked, Cl stated every time he/she has contacted [Meyers], he always had or was able to obtain Methamphetamine. The Cl told me he/she has been present on numerous occasions when [Meyers] has sold Methamphetamine to others. During this interview, your affiant obtained a photo of Troy Darrin Meyers and showed it to the Cl. The Cl identified [Meyers] as the person he/she has purchased Methamphetamine from.

The affidavit describes the May 21 controlled buy of methamphetamine from Meyers.

Within the past 72 hours (May 21 - May 23, 2014) your affiant contacted. [sic] At this time, the Cl stated he/she was ready to set up a deal with [Meyers]. We then made arrangements to meet. Detective Ruth and I met with the Cl and transported him/her to the Vancouver West Police Precinct, 2800 NE Stapleton Rd. At this time, the Cl was searched. There were no drugs, money and/or contraband located. I then had the Cl telephone [Meyers] on his cell phone (360-281-1568).

Following contact and as the two exchanged text messages, the Cl made arrangements to purchase an undisclosed amount of methamphetamine. Arrangements were then made for the Cl to travel to [Meyers]'s home, 9810 NE St., to conduct the transaction.

I provided the Cl with pre-recorded buy money, after which I and other NRT³ Detectives maintained watch over the Cl until he / she's arrival at [Meyers]'s residence. The Cl approached the front door of 9810 NE 67th St and was observed entering the residence. After a few minutes the Cl was observed exiting the front door. The Cl was again kept under surveillance until he/she was contacted bylaw enforcement. Upon meeting up, the Cl immediately turned over a clear plastic baggie, with what appeared to be a small quantity of a white crystal substance, which appeared to be Methamphetamine.

Again the Cl was searched and there were no drugs, money and/or contraband located.

The Cl stated he/she purchased the Methamphetamine from [Meyers]. The Cl stated he/she handed the money to [Meyers] who provided him/her with the Methamphetamine, which he produced from a black fire resistant lock box in his bedroom.

The Cl stated there were additional methamphetamine in the residence as well as a digital scale, packaging material (plastic baggies) and a drug "snort" plate.

The affidavit states the Cl also told Detective Jennings that Meyers' girlfriend Virginia lives at the house and that Meyers owns the Chevrolet truck and the bus parked in front of the house.

The affidavit states, "This Cl is providing this information out of a community interest and frustration with the suspect's drug dealing activities." The affidavit states the Cl has used drugs for more than eight years and has two felony convictions, one gross misdemeanor conviction, and three misdemeanor convictions.

The Cl has intimate knowledge of the drug subculture including drug use and distribution. The Cl has demonstrated his/her knowledge of controlled substances, specifically Methamphetamine by detailing his/her own involvement (8 plus years) with controlled substance.

On May 23, a Clark County district court judge found probable cause to issue a warrant to search Meyers' residence for evidence of the crime of possession of a controlled substance with intent to deliver.

On May 28, the East Precinct Neighborhood Response Team executed the search warrant. Before executing the search warrant, the police detained Meyers. Meyers waived his Miranda⁴ rights. Meyers said he used cocaine and sold methamphetamine to supplement his income. Meyers admitted he "obtain[ed]" a quarter pound of methamphetamine approximately every three weeks. Meyers said there would be one to two ounces of methamphetamine and possibly some cocaine inside a black safe on his bed. The police found a large quantity of methamphetamine in small plastic bags, a small amount of cocaine, a small amount of crack cocaine, and OxyContin in the black safe and a digital scale and cash nearby. The police also found methamphetamine in a concealed compartment in the master bedroom bathroom closet.

The State charged Meyers with possession of a controlled substance with intent to deliver methamphetamine and unlawful possession of cocaine.

Meyers filed a motion to suppress the statements he made to the police and several motions to suppress the evidence seized from his house.

The court held a hearing on the CrR 3.5 and CrR 3.6 motions on January 14...