State v. Mendoza

889 A.2d 153 (2005)

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Nature of the Case

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Facts

Undercover Detectives A'Vant and Zuena were patrolling an area, and while creeping along in an unmarked vehicle, the detectives were approached by Clement, who asked if the officers were looking for 'rock,' or crack cocaine. The detectives said yes, and Clement told the pair to follow him to Daboll Street, approximately one block from their present location. At Daboll Street Clement again approached the vehicle and beckoned A'Vant to follow him. Clement led A'Vant a few houses over to 55 Daboll Street, and into an unattached garage toward the rear of the property. A'Vant handed Clement a marked $ 20 bill. Clement then rang a doorbell inside the garage, and a few moments later D and a second man emerged from the rear of the dwelling. D berated Clement for bringing a stranger to the property. Clement handed D the $20 bill, which D snatched. D and Clement then entered the dwelling through the rear door. A minute later D and Clement reemerged from the same door. A'Vant saw D hand Clement a clear bag. The substance in the bag later tested positive for crack cocaine. Clement and A'Vant then walked together back to the unmarked vehicle a few houses away. After the two got into the car, Clement handed the clear bag to A'Vant, and the two detectives identified themselves as police officers, placing Clement under arrest. D was also arrested. At the police station, the detectives searched D and uncovered three bags of marijuana on his person. D was charged with delivery of a controlled substance, conspiracy to violate the Controlled Substances Act, possession of marijuana, and resisting arrest. D was found guilty on all counts and appealed. D argues in part that 'Wharton's Rule' precludes application of the crime of conspiracy to the behavior charged in his criminal information.