State v. Stinson

• Decision Date: 27 September 2022
• Docket Number: W2021-01103-CCA-R3-CD
• Parties: STATE OF TENNESSEE v. CHARLES LAFAYETTE STINSON
• Court: Tennessee Court of Criminal Appeals

STATE OF TENNESSEE
v.
CHARLES LAFAYETTE STINSON

No. W2021-01103-CCA-R3-CD

Court of Criminal Appeals of Tennessee, Jackson

September 27, 2022

Session June 7, 2022

Appeal from the Circuit Court for Madison County No. 20-35 Donald H. Allen, Judge

The Defendant, Charles Lafayette Stinson, was convicted of two counts of possession with intent to sell 0.5 gram or more of methamphetamine, a Class B felony; two counts of simple possession of a Schedule IV drug, a Class A misdemeanor; and possession of drug paraphernalia, a Class A misdemeanor. See T.C.A. § 39-17-418 (2018) (simple possession); -425 (2018) (possession of drug paraphernalia); -434 (2018) (possession with intent to sell). He received an effective eighteen-year sentence. On appeal, the Defendant contends that the trial court erred by (1) allowing the State to introduce testimony regarding the Defendant's prior criminal charges, (2) allowing the State's rebuttal witness to testify regarding evidence beyond the scope of evidence presented in the State's case-in-chief, and (3) failing to consider the required statistical information when sentencing the Defendant. We affirm the judgments of the trial court.

Tenn. R. App. P. 3 Appeal as of Right; Judgments of the Circuit Court Affirmed

Mitchell Aaron Raines, Assistant Public Defender (on appeal); and Joshua Lee Phillips, Jackson, Tennessee (at trial), for the appellant, Charles Lafayette Stinson.

Herbert H. Slatery III, Attorney General and Reporter; Ronald L. Coleman, Assistant Attorney General; Jody S. Pickens, District Attorney General; and Andrew Craig Coulam, Assistant District Attorney General, for the appellee, State of Tennessee.

Robert H. Montgomery, Jr., J., delivered the opinion of the court, in which Timothy L. Easter, J., joined. John Everett Williams, P.J., not participating. ^[1]

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OPINION

ROBERT H. MONTGOMERY, JR., JUDGE

At the May 13, 2021 trial, Madison County Sheriff's Deputy Nathaniel Shoate testified that he worked with the Metro Narcotics Unit in Jackson, where he specialized in drug investigations. He said that on August 20, 2019, he responded to a call at the Days Inn. Deputy Shoate explained that the hotel manager requested law enforcement help in evicting the Defendant from his hotel room due to suspected drug activity. Deputy Shoate said that he and several officers went to the hotel and spoke with the manager, who led them to a room. Deputy Shoate said that the manager knocked on the room door and a woman, Tracy Wooley, opened the door. Deputy Shoate said that he observed in the room a small plastic container with what he suspected to be marijuana and digital scales. Deputy Shoate said that the Defendant was inside and ran toward the bathroom. Deputy Shoate said that he entered the room and followed the Defendant into the bathroom because he did not know if the Defendant had a weapon. Deputy Shoate explained that the Defendant was arrested after a short struggle. Deputy Shoate said that during the struggle, the Defendant threw a methamphetamine pipe into the bathtub and threw a cigar wrapper into the toilet and tried to flush it. Deputy Shoate said that the pipe broke into small pieces when it hit the bathtub. Based on his experience, Deputy Shoate explained that it was a methamphetamine pipe with residue inside, which indicated the pipe had been used multiple times to smoke methamphetamine.

Deputy Shoate testified that after he obtained a search warrant, he searched the Defendant's room and located three digital scales inside a bag. Deputy Shoate said that the scales he saw initially were on a dresser next to a bowl of marijuana. He said he found a small piece of foil, which contained a substance he suspected was methamphetamine. Deputy Shoate said that the Defendant wore a necklace, which had a metal tube containing thirty-three one-milligram alprazolam tablets. He said that he found $1075 on the Defendant. Deputy Shoate said that based on his training and experience, he concluded that the Defendant intended to sell or deliver drugs. He said the Defendant was unemployed and had a large amount of cash. He explained that drug dealers also used scales to weigh substances before a drug transaction and that the Defendant possessed scales. Deputy Shoate said that the amount of methamphetamine found in the Defendant's room was larger than what would be for personal use and that the amount was consistent with someone selling methamphetamine. Deputy Shoate said that the amount of alprazolam was consistent with someone selling the drug rather than possessing it for personal use. He explained that the Defendant did not have a prescription for alprazolam and that the tablets were not in a prescription bottle. Deputy Shoate said that these factors indicated that the Defendant intended to sell the drugs.

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Tennessee Bureau of Investigation Special Agent Rachel Strandquist testified that she analyzed the substances collected in the Defendant's hotel room and identified them as 0.98 gram of methamphetamine and thirty-five alprazolam tablets, a Schedule IV controlled substance.

The Defendant testified that he had been a drug addict for most of his life. He said that he began using marijuana at age nine and that he had been incarcerated multiple times for possession crimes related to his drug addiction but that he had never been convicted of intent to sell drugs. The Defendant said that crack cocaine, heroin, methamphetamine, pills, and marijuana were his drugs of choice. The Defendant said that he never sold drugs because he used any drugs that he had in his possession. The Defendant confirmed that he had $1000 in his pocket at the time of his arrest. He said that he had stolen the money to support his drug addiction and explained a scheme he used to obtain the cash by stealing items from businesses and then returning them for cash.

The Defendant testified that he had purchased the bottle of alprazolam tablets from a dealer for $25. He said that he had multiple sets of scales and that only one set worked. He said he used the working set of scales for his own use to make sure he received the correct amount of drugs. The Defendant explained that before he began using scales, the person from whom he purchased drugs gave the Defendant $30 worth of drugs when the Defendant paid $50. The Defendant said that he also used the scales to avoid overdosing.

The Defendant testified that he had been incarcerated for two years, that he was sober, and that he still needed help regarding his drug addiction. He said that he did not own a car and that all of his possessions were in the hotel room where he was arrested. He said that he was homeless and moved from hotel room to hotel room. He said that he also obtained money by standing at gas stations and asking people for money. The Defendant stated that he had multiple criminal convictions including drug possession, evading arrest, theft, and driving on a suspended license. He said that most of his convictions were misdemeanors and that he had never been charged with possession with the intent to sell or deliver drugs.

The Defendant testified that he was not the only person staying in the hotel room. He said that Tracy Wooley stayed with him and that the officers did not establish that the drugs found in the room belonged to the Defendant and not Ms. Wooley.

Before cross-examining the Defendant, the prosecutor asked for a bench conference. During the conference, the prosecutor told the trial court he intended to ask the Defendant about his being arrested and charged with possession with the intent to sell heroin because the Defendant testified that he had never been charged with possession with intent to sell drugs. Defense counsel argued that the Defendant was not convicted of possession with intent to sell heroin and that the Defendant's testimony was likely referring to his not

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having been convicted. The court ruled that the Defendant had opened the door and put his character for truthfulness at issue by testifying that he had never been arrested or charged with the intent to sell drugs and by testifying that he had never sold drugs. The court ruled that the State could impeach the Defendant and question him about his testimony that he had never been arrested or charged with the intent to sell drugs and his testimony that he had never sold drugs.

On cross-examination, the Defendant testified that on July 6, 2019, he was charged with possession with intent to sell or deliver heroin. The Defendant explained that he was not convicted. When asked if it was a lie when the Defendant testified that he had never been charged with possession with intent to sell or deliver drugs, the Defendant replied, "okay." The Defendant stated that he had never sold methamphetamine or heroin.

Following cross-examination, the trial court held a hearing outside the jury's presence to determine if Tracy Wooley would be allowed to testify regarding her witnessing prior drug sales made by the Defendant. The State argued that the Defendant had opened the door to Ms. Wooley's testimony by his testifying that he had never sold methamphetamine or heroin. Defense counsel argued that the prejudicial effect of her testimony would outweigh the probative value. The court ruled that the Defendant had opened the door by his testimony that he had never sold drugs and that the State had a right to impeach that testimony. The court ruled that the Defendant had also opened the door by testifying that he had never been arrested or charged with possession with intent to sell or deliver drugs.

Outside of the jury's presence, the State made an offer of proof. Ms. Wooley testified that she purchased drugs from the Defendant in 2019 and that she had known him for approximately twenty years. Ms. Wooley said that she had a sexual...