State v. Althea Myers and Samuel Myers ( 1997 )

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE
AT NASHVILLE FILED
MAY 1997 SESSION
July 30, 1997
Cecil W. Crowson
)
Appellate Court Clerk
STATE OF TENNESSEE, )
) C.C.A. No. 01C01-9510-CR-00355
Appellee, )
) Davidson County
V. )
)
ALTHEA MYERS, ) Honorable J. Randall Wyatt, Judge
SAMUEL MYERS, )
) (Possession for sale or delivery of
Appellants. ) over 26 grams of cocaine
) possession of drug paraphernalia)
)
FOR THE APPELLANTS: FOR THE APPELLEE:
Althea Myers: Charles W. Burson
William C. Roberts, Jr. Attorney General & Reporter
Attorney at Law
404 James Robertson Parkway Karen M. Yacuzzo
Suite 1502 Assistant Attorney General
Nashville, TN 37201 Criminal Justice Division
450 James Robertson Parkway
Nashville, TN 37243-0493
Samuel Myers
Gregory D. Smith Victor S. Johnson III
Attorney at Law District Attorney General
One Public Square, Suite 321
Clarksville, TN 37040 Cheryl Blackburn
Assistant District Attorney General
Washington Square, Suite 500
222-2nd Avenue North
Nashville, TN 37201-1649
OPINION FILED: __________________
AFFIRMED (ALTHEA MYERS)
APPEAL DISMISSED (SAMUEL MYERS)
JERRY L. SMITH
Judge
OPINION
Appellant Althea Myers was convicted of possession with intent to deliver
or sell twenty-six grams or more of a controlled substance containing cocaine
and possession with intent to use unlawful drug paraphernalia. She was
sentenced to serve sixty days and then be placed in the Community Corrections
Program for five years.
On appeal, Althea Myers alleges that the evidence was insufficient to
support her conviction of possession for sale or delivery of a controlled
substance in excess of twenty-six grams. Althea Myers’ husband and co-
defendant, Samuel Myers, failed to file a timely notice of appeal and now asks
this Court pursuant to Rule 4(a) of the Tennessee Rules of Appellate Procedure
to waive the timely filing of the notice of appeal. After consideration of Mr.
Myers’ request, by per curiam order of this Court, we deny his request for a
waiver and dismiss his appeal.1 We affirm Althea Myers’ conviction.
Althea Myers argues that although she was an occupant in the house, she
was located forty to fifty feet away from the location of the drugs when the police
entered the house. Also, she contends that she played only a minor role in the
offense.
Great weight is accorded jury verdicts in criminal trials. Jury verdicts
accredit the state’s witnesses and resolve all evidentiary conflicts in the state’s
favor. State v. Williams, 657 S.W.2d 405, 410 (Tenn. 1983); State v. Banes, 874
S.W.2d 73, 78 (Tenn. Crim. App. 1993). On appeal, the state is entitled to both
the strongest legitimate view of the evidence and all reasonable inferences which
may be drawn therefrom. State v. Cabbage, 571 S.W.2d 832 (Tenn. 1978).
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Although Samuel Myers’ appeal has been denied, the evidence in this case overwhelmingly
supports his convictions and his sentence. (Mr. Myers had been arrested for nearly 20 offenses in less
than 2 years, and apparently he was out on bond when he comm itted the crimes in this case.)
Counsel for Mr. Myers on appeal is not the attorney who represented Mr. Myers at trial.
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Moreover, guilty verdicts remove the presumption of innocence, enjoyed by
defendants at trial, and replace it with a presumption of guilt. State v. Grace,
493 S.W.2d 474 (Tenn. 1973). Appellants, therefore, carry the burden of
overcoming a presumption of guilt when appealing jury convictions. Id.When appellants challenge the sufficiency of the evidence, this Court
must determine whether, after viewing the evidence in a light most favorable to
the prosecution, any rational trier of fact could have found the essential elements
of a crime beyond a reasonable doubt. Jackson v. Virginia, 443 U.S. 307 (1979);
Tenn. R. App. P. 13(e); State v. Duncan, 698 S.W.2d 63 (Tenn. 1985); The
weight and credibility of a witness’ testimony are matters entrusted exclusively to
the jury as the triers of fact. State v. Sheffield, 676 S.W.2d 542 (Tenn. 1984);
Byrge v. State, 575 S.W.2d 292 (Tenn. Crim. App. 1978).
The evidence adduced at trial indicates that police officers discovered
over 51 grams of powder and crack cocaine, $1735 in cash, small plastic bags, a
set of electronic scales, a cocaine grinder, and a loaded gun. The gun was
found in the appellant’s purse, which was next to a set of cocaine scales that had
warm crack cocaine on them. Furthermore, officers discovered baking soda and
pots of boiling water, which are frequently used by to convert powder cocaine
into crack cocaine. Also, police officers testified that the appellant was with her
husband during several drug transactions. Although she was not charged with
any crime involving those transactions, such instances provide evidence of an
intent to sell.
After reviewing the evidence in a light most favorable to the state, we
conclude the record amply supports the jury’s verdict. We affirm.
______________________________
JERRY L. SMITH, Judge
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CONCUR:
___________________________
PAUL G. SUMMERS, Judge
___________________________
DAVID G. HAYES, Judge
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