STATE OF NORTH CAROLINA
v. Sampson County
Nos. 00 CRS 51768, 51769,
2308, 2309
STEVEN WAYNE BELL
Attorney General Roy Cooper, by Special Deputy Attorney
General Lars F. Nance, for the State.
Christopher Wyatt Livingston for defendant-appellant.
TYSON, Judge.
Steven Wayne Bell (defendant) appeals his convictions
following a jury verdict of guilty for possession of cocaine with
intent to sell or deliver, maintaining a vehicle for the use, sale
or keeping of a controlled substance, and felony speeding to elude
arrest. We find no error.
The State's evidence tended to show that defendant led
Sergeants Fred Petty and James K. Wright, Jr., of the Cumberland
County Sheriff's Department, on a high-speed chase from the
Cumberland County courthouse into Sampson County through Roseboro
and Bennetsville on 18 April 2000. Roseboro Police Detective
Joseph Byrd apprehended defendant after his car's tires wereflattened by stop sticks placed in the road. Defendant's wife
was in the car with him and was also taken into custody.
Police found $2,235.50 in cash, primarily in twenty-dollar
bills, on defendant's person. At the police station, defendant
told an officer that he had been driving to the Rainbow in Warsaw
to a female named Scooby Doo to get more cocaine. Defendant
stated that he knew how to process powder cocaine into crack
cocaine, and that he and his wife supported themselves by
purchasing cocaine in Warsaw, beating it into crack, and selling
it. He acknowledged that he and his wife had been smoking cocaine
in the car. Defendant explained that he used to work as an
electrician for $900 a week but was able to make more money selling
crack cocaine. He claimed that he used each of his four vehicles
for running drugs, that he sometimes sold drugs with his brother,
and that he could sell [crack] to anyone. Finally, defendant
claimed that his wife had thrown their dope out of the car's
window during the chase.
During a search of defendant's car, police discovered three
small rocks of cocaine on the driver's seat, as well as an open box
of baking soda and an open box of plastic baggies on the floorboard
in front of the passenger's seat. Police testimony disclosed that
baking soda was frequently used to process cocaine for sale.
Defendant moved to dismiss the charges at the conclusion of
the State's evidence. The trial court denied the motion.
Defendant offered no evidence but renewed his motion to dismiss,
which was again denied. Defendant first claims the trial court erred in denying his
motion to suppress the cocaine and other evidence found during the
search of his automobile. However, defendant failed to object to
the introduction of the evidence at trial and has not argued that
its admission by the trial court was plain error. Accordingly, he
has not preserved this issue for appeal. See State v. Bright, 78
N.C. App. 239, 241, 337 S.E.2d 87, 88 (1985).
Defendant also contends that the trial court erred in denying
his motion to dismiss. In reviewing the denial of defendant's
motion to dismiss, this Court must determine whether the evidence,
taken in light most favorable to the State, is sufficient to allow
a reasonable juror to find defendant guilty of the essential
elements of the offense beyond a reasonable doubt. See State v.
Jones, __ N.C. App. __, __, 556 S.E.2d 644, 655 (2001). The State
is entitled to all favorable inferences reasonably drawn from the
evidence. State v. Tucker, 347 N.C. 235, 243, 490 S.E.2d 559, 563
(1997), cert. denied, 523 U.S. 1061, 140 L. Ed. 2d 649 (1998).
Issues of credibility are left to the jury. See State v. Locklear,
322 N.C. 349, 368 S.E.2d 377 (1988).
Defendant concedes the evidence was sufficient to support
his conviction for speeding to elude arrest. He further concedes
the State adduced sufficient evidence that he possessed the cocaine
found in his car for personal use. However, he claims there was no
evidence of his intent to sell or deliver this particular cocaine
or that he maintained the car for the purpose of selling or keeping
cocaine. In order to support a charge of possession with intent to sell
or deliver a controlled substance, [t]he State must present
substantial evidence of defendant's possession of a controlled
substance and of defendant's intent to sell or deliver that
substance. State v. Hamilton, 145 N.C. App. 152, 155, 549 S.E.2d
233, 235 (citing N.C. Gen. Stat. § 90-95(a)(1) (1999); State v.
Carr, 122 N.C. App. 369, 470 S.E.2d 70 (1996)). An intent to sell
or deliver may be demonstrated by circumstantial evidence, even
where only a small quantity of drugs is found. State v. James, 81
N.C. App. 91, 94, 344 S.E.2d 77, 80 (1986). Circumstances tending
to support a finding of such intent may include the presence of
packaging materials and a chemical which the evidence showed is
commonly used to dilute cocaine[,] State v. Rich, 87 N.C. App.
380, 383, 361 S.E.2d 321, 323 (1987) (citing State v. Williams,
307 N.C. 452, 298 S.E.2d 372 (1983)), as well as the presence of
large amounts of cash or other accouterments of the drug trade.
See
State v. Mercer, 89 N.C. App. 714, 716, 367 S.E.2d 9, 11
(1988).
We find substantial evidence of defendant's intent to sell or
deliver the cocaine found in his car. At the time of his arrest,
defendant's car contained three small rocks of the drug, as well as
open boxes of a processing agent and plastic baggies. Defendant
was carrying more than $2,200 in cash, primarily in $20 bills.
Moreover, he admitted he was a cocaine dealer by trade and that he
and his wife were driving the car to pick up more cocaine from
their source. Defendant explained his custom of beating cocaineinto crack before selling it. Finally, defendant told police that
his wife had thrown their dope from her window during the chase.
Taken together, the physical evidence and defendant's admissions
permit a reasonable inference that defendant intended to sell or
deliver the cocaine found in the car.
Defendant also challenges the sufficiency of the evidence that
he maintained his vehicle for the purpose of keeping or selling a
controlled substance in violation of N.C. Gen. Stat. § 90-
108(a)(7). In order to support a conviction for this offense, the
State must prove that the defendant did (1) knowingly (2) keep or
maintain (3) a vehicle (4) which is used for the keeping or selling
(5) of controlled substances. State v. Mitchell, 336 N.C. 22, 31,
442 S.E.2d 24, 29 (1994). A defendant's temporary possession of a
controlled substance inside of a vehicle is insufficient to support
a conviction under N.C. Gen. Stat. § 90-108(a)(7). Id. at 32-33,
442 S.E.2d at 30. Rather, the State must prove that the vehicle
was kept over a duration of time for use in the keeping or
selling of controlled substances. Id. at 32, 442 S.E.2d at 30.
The determination of whether a vehicle . . . is used for keeping
or selling controlled substances will depend on the totality of the
circumstances. Id. at 34, 442 S.E.2d at 30.
We find the State's evidence sufficient to survive a motion to
dismiss. When apprehended by police, defendant had more than
$2,200 in cash on his person, and his car contained rocks of
cocaine, processing agent and packaging materials. Defendant
admitted he was a cocaine dealer, claimed he made more than $900per week by selling cocaine, and told police he had been driving to
Warsaw to pick up additional cocaine from his source. Defendant
further claimed that his wife had thrown their dope from the car
during the police chase. Finally, defendant stated that he used
each of four different vehicles he owned to run drugs. Such
evidence allows a reasonable juror to conclude that defendant
maintained his car for the purpose of selling cocaine. Cf.
Mitchell, 336 N.C. at 34, 442 S.E.2d at 30 (citing State v. Bright,
78 N.C. App. 239, 240, 337 S.E.2d 87, 87-88 (1985), disc. review
denied, 315 N.C. 591, 341 S.E.2d 31 (1986)).
No error.
Judges GREENE and HUDSON concur.
Report per Rule 30(e).
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