State v. Wilson
State v. Wilson
Opinion of the Court
Michael Rochelle Wilson was convicted by a jury of possession of crack cocaine with the intent to distribute. The trial
FACTUAL/PROCEDURAL BACKGROUND
On August 24, 1995, police executed a search warrant on a motel room in the Downtowner Hotel in Sumter, S.C. The room was occupied by Wilson and his girlfriend, Mona Lisa Mitchell. As officers entered the room, Wilson came out of the adjoining bathroom. Officers searched the room and found a South Carolina identification card belonging to Wilson, a beeper, razor blades, and .78 grams of crack cocaine. They also found more than $700 in currency, a beer can modified for use as a pipe, and four small cellophane bags. Both Wilson and Mitchell were arrested and charged with possession of crack cocaine with intent to distribute it.
In the week prior to Wilson’s trial, Mitchell was allowed by the State to plead guilty to the lesser offense of possession of crack cocaine in return for her agreement to testify against Wilson. According to Mitchell, she and Wilson were no longer boyfriend and girlfriend. During trial, Wilson objected to Mitchell’s testimony concerning an alleged drug transaction involving Wilson which she claimed to have witnessed in the hallway of the motel two days before the arrest. In the in camera hearing -which followed, Mitchell testified she saw Wilson hand a woman a plastic bag containing what appeared to be a white rock in exchange for twenty dollars. Mitchell characterized the substance as “drugs,” but during cross-examination explained that her basis for this assumption was that she recognized the person who took it as someone “who usually smoke.” However, she did not know the identity of the woman.
Wilson objected to the testimony on the grounds that it was not clear and convincing and the prejudice outweighed the probative value. The court ruled the testimony admissible to demonstrate Wilson’s intent to distribute the crack in the
LAW/ANALYSIS
On appeal, Wilson argues the trial court erred in admitting evidence of his prior bad acts. He alleges the evidence (1) did not constitute clear and convincing proof of a prior crime, (2) was irrelevant, and (3) was extremely prejudicial.
Evidence of a person’s other bad acts is inadmissible to prove the person’s propensity to commit a crime. Rule 404(b), SCRE. Such evidence is admissible to demonstrate “motive, identity, the existence of a common scheme or plan, the absence of mistake or accident, or intent.” Id.; Lyle, supra. In a criminal case, evidence of other crimes or bad acts must be clear and convincing if the acts are not the subject of a conviction. State v. Parker, 315 S.C. 230, 433 S.E.2d 831 (1993); State v. Berry, 332 S.C. 214, 503 S.E.2d 770 (Ct.App. 1998).
We conclude the uncorroborated testimony of Mitchell was not clear and convincing evidence of a prior crime.
Essentially, then, the only evidence of this prior drug sale was Mitchell’s description of it, which is subject to the inescapable conclusion that it could just as easily have been made up for personal gain as to have been truthful. Consequently, the evidence of a prior drug transaction was not clear and convincing. Where the issues of possession and intent to distribute are at stake, as they were here, the prejudice to the defendant is obvious, and requires no further elaboration.
For the forgoing reasons, Wilson’s conviction is
REVERSED AND REMANDED.
. The State contends Wilson's argument is not preserved because he failed to object during Mitchell’s testimony. After ruling Mitchell could testify concerning Wilson’s prior drug sale, the trial judge stated, "this is a continuing objection, so you do not have to renew it and any cross-examination or examination of it, it will not have to be renewed.” Because of the court's ruling, Wilson’s issue is preserved despite the lack of a contemporaneous objection.
. Because the evidence of a prior drug transaction was not clear and convincing, and should not have been admitted for that reason, we need not address the remaining arguments.
Dissenting Opinion
dissenting:
The majority holds the evidence of the prior drug sale was not clear and convincing. Because I find the account of the prior drug sale more than sufficient to meet the clear and convincing standard, I respectfully dissent.
FACTUAL/PROCEDURAL BACKGROUND
On August 24, 1995, officers executed a search warrant in a room at the Downtowner Motel in Sumter. Present in the room were appellant and a female, Mona Lisa Mitchell. Officers searched the room and found a South Carolina identification card belonging to Wilson, a beeper, some razor blades, and what tests revealed was .78 grams of crack cocaine. They also found more than $700 in currency, a beer can modified for use as a smoking device, and four small “zip-lock” bags.
The State asserted the testimony was admissible under Rule 404(b), SCRE, for the purpose of showing appellant’s intent to distribute. The State argued, because the weight of the drugs was less than one gram, it was not entitled to the presumption of Wilson’s intent to distribute the drug and it therefore had a heavier burden in proving intent.
Before the jury, Mitchell testified the drugs found in the room did not belong to her. She further stated that, a couple of days prior to August 24,1995, she observed Wilson engaged in a drug transaction in the hotel’s hallway. She witnessed him hand an unidentified woman a white rock substance contained in a plastic bag in exchange for twenty dollars.
LAW/ANALYSIS
Wilson argues the trial court erred in admitting evidence of his prior bad acts. He alleges the evidence (1) did not constitute clear and convincing proof of a prior crime, and (2) was irrelevant and extremely prejudicial.
Wilson relies on this Court’s cases of State v. Carter, 323 S.C. 465, 476 S.E.2d 916 (Ct.App. 1996) and State v. Campbell, 317 S.C. 449, 454 S.E.2d 899 (Ct.App. 1994) in arguing the evidence of the prior drug transaction was not admissible in his trial for possession with intent to distribute. However, both Carter and Campbell involved situations where evidence of prior drug distributions was introduced in trials where the defendants were charged with actual distribution, not intent to distribute. The evidence there was not introduced to show intent, but, ostensibly, to prove a common scheme or plan. This court found the methodology of prior sales was not relevant to prove the transaction for which the defendant had been charged, and the State was really attempting to convince the jury of the defendant’s guilt of distribution by showing a prior drug distribution. Thus, we held that testimony of a prior drug sale using a similar sales technique was not relevant to prove a single charge of distribution, and was not admissible as a common scheme or plan exception under Lyle. In the case at hand, the evidence of a prior drug distribution was introduced to show Wilson’s intent to distribute the drugs found in the motel room, not to show a common scheme or plan or to prove the crime of distribution by the evidence of a previous drug distribution.
Notwithstanding Mitchell’s inability to identify the buyer, I find the challenged testimony was clear and convincing evidence of a prior crime. She stated she observed Wilson in a drug exchange, that Wilson passed a white rock substance contained in a plastic bag to a female in exchange for twenty dollars, and that she knew this particular female as one who used drugs. While the majority places great emphasis on the fact that Mitchell was allowed to plead guilty to possession of crack cocaine, it should be noted that many co-defendants are routinely allowed to plead guilty to a lesser offense than that of a defendant in exchange for testimony against a defendant. Indeed, had the State had the evidence against Mitchell to charge her with intent to distribute the drug, Wilson may very well have been the co-defendant testifying against Mitchell. Further, the record shows Mitchell acknowledged before the jury that she was allowed to plead guilty to possession in exchange for her testimony against Wilson. Therefore, the jury was fully aware of the possible benefit to Mitchell in giving this testimony, and the credibility of Mitchell’s testimony was an issue for the jury.
. See S.C.Code Ann. § 44-53-375 (Supp. 1998).
. I agree with the majority that Wilson’s argument was sufficiently preserved for our review.
Reference
- Full Case Name
- The STATE, Respondent, v. Michael Rochelle WILSON, Appellant
- Cited By
- 5 cases
- Status
- Published