State v. Potts, 45724-5-II
| Decision Date | 06 July 2016 |
| Docket Number | 46300-8-II,45724-5-II |
| Court | Washington Court of Appeals |
| Parties | STATE OF WASHINGTON, Respondent, v. SIDNEY A. POTTS, Appellant. |
UNPUBLISHED OPINION
Sidney Potts appeals his convictions for five counts of violating the uniform controlled substances act (UCSA)[1] and one count of leading organized crime. We conclude that the trial court did not violate Potts's double jeopardy rights by declaring a mistrial or by including his multiple convictions on the judgment and sentence, and did not err by denying Potts's CrR 8.3 motion. We also conclude that the trial court did not violate Potts's time for trial rights, that there was sufficient evidence to convict Potts of leading organized crime, that the prosecutor did not commit misconduct, and that the trial court did not commit reversible error in its instruction of the jury on leading organized crime. We conclude that admission of evidence did not violate the Washington privacy act, [2] and Potts was not denied effective assistance of counsel. Finally, we conclude the trial court did not commit reversible error in its denial of Potts's motion to suppress or imposition of an exceptional sentence and Potts's statements of additional grounds (SAG) does not establish grounds for reversal. We affirm Potts's conviction and sentence.
Beginning on July 18, 2012, City of Longview Street Crimes Unit made a number of controlled drug buys from Potts. An individual named J.H. agreed to participate in these buys after the police arrested J.H. and offered him a deal. J.H. signed a contract to become an informant and told the police he could buy from one person, Potts. J.H.'s primary police contact, Detective Rocky Epperson, told J.H. his charges would be dropped if he assisted in the investigation against Potts.
According to Epperson, the informant contract generally required that the person be truthful, not use drugs, set up deals when the police ask, and allow police to search his person, house vehicle, and phone. During Potts's trial, J.H. admitted to using and selling drugs while he worked as an informant. Epperson testified that informants do not always comply with the contract, and that J.H.'s violations did not surprise him. He also testified that J.H. did not appear under the influence during the times he worked with the Street Crimes Unit.
On July 17, J.H. contacted Potts by phone, with Epperson present. Potts told J.H. he was busy and he would call J.H. back. J.H called Epperson later that night and told him that he and Potts were going to meet the next day. On July 18, after a series of phone calls, J.H. told Potts he was at the Dairy Queen restaurant, and Potts said he would be driving a "'66 Oldsmobile" and would arrive in a few minutes. 10A Report of Proceedings (RP) at 2011. Detective Kevin Sawyer followed Potts from Potts's home address to the Dairy Queen.
The police searched J.H.'s person and vehicle before he met with Potts and found no money or contraband. They gave J.H. $1, 800 and observed him enter Potts's car shortly after Potts arrived. After the two drove a short distance, they went back to the Dairy Queen. J.H. got into his own car and drove to meet the police. The police followed J.H., searched him again, and found two ounces of methamphetamine and no money. The police successfully recorded the phone calls between J.H. and Potts before the meeting, but the recording device sent with J.H. to record the transaction failed. Captain Robert Huhta authorized the recordings.
On July 24, J.H. arranged another meeting with Potts at the Dairy Queen. Potts told J.H. he would drive a blue 1970 Chevelle. The meeting was almost identical to the first. The police recorded the phone calls and the transaction between J.H. and Potts. Captain Huhta authorized the recordings.
On July 31, J.H. again contacted Potts. Potts told J.H. to drive to one of Potts's car dealerships, the one on Alabama Street. Potts also had a dealership called Potts Family Motors on Oregon Way. Police searched J.H., found no drugs or money, and gave him $1, 800 for the transaction. J.H. met Potts who got into J.H.'s car.
The police recorded the transaction with Captain Huhta's authorization. Potts told J.H. he only had one ounce of methamphetamine and then said, 10A RP at 2056. Potts instructed J.H. to answer his phone when he called because "it will be time to go (inaudible) two or three days, okay?" 10A RP at 2058. He told J.H., "He was getting out of it, that he was getting out of the business, that he was-some other people were going to take over, do his business for him or whatever." 10C RP at 2262-63. Potts told J.H. to divide the methamphetamine into quarter ounces, and to charge $150 for each quarter ounce. Potts told J.H., "Give me a call first (inaudible) so don't be afraid to move the shit, okay, as long as you make a hundred bucks an ounce." 10A RP at 2057.
Potts also inquired about whether other drug dealers were still working, and told J.H. to "step up" and to not be afraid to "move shit, as long as you make a hundred bucks an ounce." 10A RP at 2057. Potts said that he had to get the people money to rent a house when they arrived. J.H. drove to the alley behind Potts Family Motors and Potts got out of the car. The police met with J.H. and he turned over an ounce of methamphetamine.
Sometime in late July or early August, Angelita Llanes came to Washington. According to her, two people, named Nikki and Alfredo, sent her to Washington from California with four pounds of methamphetamine. She understood that Potts was retiring. Llanes was supposed to stay in Washington "[u]ntil they were able to send the next person, who was actually going to stay." 10B RP at 2217. She was to be paid $1, 000 per pound. When she got money, she sent it to Nikki and Alfredo "through the bank." 10 BRP at 2217. When she first arrived, she testified, "A friend of [Potts]'s loaned us a room, " and then Potts rented a house with his friend. 10B RP at 2218. The house was for her to stay in "and for the person who was going to come and stay, and work." 10B RP at 2218. According to Llanes, that person was Christian Velasquez.
Per instructions, upon her arrival, Potts met Llanes at her hotel. He took her to one of his car dealerships, took out two pounds of methamphetamine, instructed her to return to the hotel, cut the methamphetamine into ounces, and Potts would call her. Potts then took her around, introduced her to buyers, and told her how much to charge for the methamphetamine. Potts also told Llanes "who [she] [could] trust and who [she] [could]n't." 10B RP at 2215. J.H. was one of the people to whom Potts introduced Llanes.
When Potts introduced Llanes to J.H., Potts gave J.H. four ounces of methamphetamine. J.H. then met with Llanes days later to pay for the methamphetamine; however, he was $150 short. Llanes testified that she informed Potts about the shortage and J.H.'s plan to pay. J.H. did not tell the police about this first meeting with Llanes at the time.
On August 10, J.H., with the police's knowledge, arranged to meet Llanes at a Burger King restaurant to purchase methamphetamine. Initially, the police believed J.H. had not previously met with Llanes. J.H. had informed the police, and Epperson's incident report reflected, that Potts gave J.H. Llanes's name and number on August 9, 2012. However, at trial, J.H. confirmed that he actually met Llanes when she and Potts came to his house a week before, as described above.
Llanes, accompanied by Velasquez, went to the Burger King parking lot. Llanes testified that Velasquez had been in Washington for two or three days. J.H. got into the backseat of their car and gave Llanes money. J.H. asked if the money was going to Potts, and Llanes said yes. She delivered J.H. four ounces of methamphetamine. J.H. then left the scene and drove to meet with the police. Using a marked car, police officers pulled Llanes and Velasquez over a short distance from the Burger King and placed them under arrest. Sawyer obtained a search warrant and searched the car. He found a makeup kit containing 247 grams of methamphetamine and a considerable amount of money. He also found a pay/owe sheet, or ledger book.
On the same day, before J.H. met with Llanes, the police arrested Potts. The police applied for a search warrant for three properties: Potts Family Motors, Potts's second dealership, and Potts's home. Epperson's affidavit in support of the search warrant included all three of Potts's addresses, and the search warrant incorporated the affidavit. However, the actual warrant only listed Potts Family Motors in the finding of probable cause.
On August 15, the State charged Potts with one count of leading organized crime (count I), three counts of violation of the UCSA with delivery within 1, 000 feet of a school bus route stop (count II, III, V), one count of violating the UCSA with possession within 1, 000 feet of a school bus route stop (count VI), one count of violating the UCSA with delivery (count IV), and one count of money laundering (count VII). The State filed aggravating factors, [3] alleging that the current offense was a major violation of the UCSA for criminal profiteering. The State ultimately dropped the money laundering count. The trial court dismissed the enhancement on count V, and the State dismissed the enhancement on count VI.
Potts's arraignment occurred on August 28, before Judge Gary Bashor. Potts pleaded not guilty, and the court set trial for October 22. Prior to Potts's arraignment, the State had sought a subpoena for documents from the special inquiry judge, who at the...
To continue reading
Request your trial