State v. Pegram
State v. Pegram
Opinion of the Court
Clayton Sorrell Pegram ("defendant") appeals from a judgment entered after a jury found him to be guilty of possession of cocaine and resisting a public officer. We find no error.
I. Background
Rockingham Police Officer Kenny Smith ("Officer Smith") witnessed defendant drive through a stop sign without stopping on the evening of 6 November 2002. Officer Smith turned on his lights and followed defendant's vehicle into a driveway. After approaching the vehicle and checking defendant's license and registration, Officer Smith asked, "Do you have anything in the vehicle that you shouldn't have?" Defendant replied that he did not. Officer Smith asked if he could check the vehicle. Defendantconsented to the search. After defendant exited the car, he quickly reached back into the vehicle and retrieved a small, white, rock-like object from the driver's seat. Defendant immediately put the object into his mouth. A struggle ensued as Officer Smith tried to get defendant to spit out the object. Defendant swallowed the object and was arrested.
No drugs or drug paraphernalia were found in defendant's car or on his person. At trial, Officer Smith testified that, in his opinion, the object defendant swallowed was crack cocaine. After receiving Miranda rights and signing a written waiver, defendant admitted the object he swallowed was crack cocaine.
Defendant testified that he reached back into the car, not to retrieve crack cocaine, but to put his wallet on the seat, and that the object in his mouth was chewing gum. Defendant also testified that his confession given to Officer Smith was not true, and that he signed it in exchange for a lower bond and release.
The jury convicted defendant of possession of cocaine and resisting a public officer. The trial court arrested judgment on resisting a public officer and sentenced defendant in the aggravated range for possession of cocaine. Defendant appeals.
II. Issues
The issues presented are whether the trial court erred in: (1) denying defendant's motion to dismiss because the State presented insufficient evidence; (2) denying defendant's motion to suppress the statement defendant gave to Officer Smith at the time of his arrest; and (3) allowing Officer Smith to offer his opinionthat the substance he saw defendant swallow was crack cocaine.
III. Motion to Dismiss
Defendant contends the State presented no evidence, beyond defendant's purported statement to Officer Smith, that the substance he swallowed was crack cocaine. We disagree.
In reviewing a motion to dismiss for insufficiency of the evidence, this Court must determine "whether there is substantial evidence of each essential element of the offense charged and of the defendant being the perpetrator of the offense." State v. Crawford,
Defendant relies on the rule set forth in State v. Parker, which mandates that an accused's extrajudicial confession must be "supported by substantial independent evidence tending to establish its trustworthiness."
IV. Defendant's Statement to Officer Smith
Defendant argues that his statement to Officer Smith was involuntary because Officer Smith offered to inform the magistrate of defendant's cooperation if defendant provided a statement. Defendant asserts he was coerced to confess in exchange for a lower bond and release. Defendant also asserts he "feared" the outcome and being jailed if he did not cooperate. We disagree.
"To be considered improper and indicative of an involuntary confession, an inducement to confess must convey `hope' or `fear.'" State v. Wallace,
In State v. Cannady,
State v. Church,
Defendant's statement, even if induced by "hope" of a lower bond or "fear" of jail, is admissible. Wallace,
V. Officer Smith's Opinion Testimony
In his last assignment of error, defendant contends that the trial court erred in allowing Officer Smith to testify to his opinion that the substance defendant swallowed was crack cocaine. In State v. Fletcher, two law enforcement officers testified that the substance provided by defendant was marijuana.
Here, as in Fletcher, Officer Smith had substantial experience in drug identification. He testified that during ten years service as a police officer, he had made between 400 and 500 drug arrests, and that seventy-five to eighty percent of those arrests involved possession of crack cocaine. He further testified that he had received specialized training in dealing with controlled substances that included a concentration in identifying drugs. Officer Smith's knowledge, experience, and training in the area of controlled substance identification, rendered him "better qualified than the jury to form an opinion" of whether the substance was crack cocaine. Id. Officer Smith's testimony was of "appreciable help" to the jury. Id. at 56-57, 337 S.E.2d at 685. Thisassignment of error is overruled.
VI. Conclusion
The trial court did not err in denying defendant's motion to dismiss for insufficiency of the evidence. Other evidence independent of the confession tended to establish the trustworthiness of defendant's confession. The trial court did not err in admitting into evidence defendant's extrajudicial confession to Officer Smith. Officer Smith's statement to purportedly induce defendant's confession did not promise relief from criminal charges. Given Officer Smith's knowledge, experience, and training in drug identification, the trial court did not err in allowing him to offer his opinion that the object defendant swallowed was crack cocaine. We find no error in the trial court's rulings or judgment.
No error.
Judges HUDSON and BRYANT concur.
Report per Rule 30(e).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.