State of Tennessee v. Artez L. Moreis - Dissenting

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE
AT JACKSON
September 10, 2002 Session
STATE OF TENNESSEE v. ARTEZ L. MOREIS
Criminal Court for Shelby County
No. 99-11512
No. W2002-00474-CCA-R3-CD - Filed April 2, 2003
DISSENTING OPINION
I respectfully dissent. For those reasons expressed in State v. Vernon Dewayne Waller, No.
M2001-02414-CCA-R3-CD (Tenn. Crim. App. at Nashville, Aug. 23, 2002), perm. to appeal
granted, (Tenn. 2002), I find no error in the admission of the defendant's prior felony drug
convictions for purposes of impeachment.
The illegal sale of drugs is an extremely profitable criminal enterprise and its very
nature involves a sustained intent to violate the law and the use of deceptive
practices. State v. Christopher Knighton, No. E2000-00746-CCA-R3-CD (Tenn.
Crim. App. at Knoxville, Mar. 14, 2001). These crimes are normally not detected
in the absence of a police undercover operation. Id. People who deal in drugs
frequently suffer an addiction to drugs and commit other crimes to obtain money to
buy drugs. Id. These circumstances all involve elements of dishonesty. Id. We agree
with this court’s opinion in State v. Christopher Knighton and find that the better
reasoned view is expressed in those cases which hold that felony drug convictions are
relevant to the issue of credibility.
Id.
The trial court's decision to admit a prior conviction under Rule 609 will not be reversed on
appeal, unless the trial court abused its discretion. State v. Blanton, 926 S.W.2d 953, 960 (Tenn.
Crim. App. 1996). Finding no abuse of discretion, I would affirm the convictions.
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DAVID G. HAYES, JUDGE