State v. Miles

805 S.E.2d 204 (2017)

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Nature of the Case

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Facts

While scanning parcels for illegal drugs, the Sheriff became suspicious of a package. They arranged for a controlled delivery. The delivery person rang the doorbell and left the package by the front door. A few moments later, D exited a nearby apartment and began walking around the parking lot. A young female emerged from the delivery address. She looked at the box, got on her phone, quickly hung up and went back inside. D then got on his phone while walking towards the box. D picked up the box and started back to his apartment. D tried to ditch the box when he saw the agents. D claimed he did not know what was inside. An agent asked if there were drugs inside and D responded there probably were, but he did not know what kind. D was given his Miranda rights, and D again responded the box could contain drugs, but he did not know what kind. The Sheriff got a search warrant and opened the box and discovered three hundred pills that a chemist later testified contained a total of nine grams of oxycodone. D wrote a statement admitting he had been paid one hundred dollars to pick up the box, someone named 'Mark' had called him to pick it up, and the 'owner' was a 'Stacks' from Tennessee. D answered two questions in writing: 'Did you know drugs are in the parcel 'box'?' D wrote, 'Yes.' The second question and answer-related to D's admission that he had previously picked up packages for money-were redacted and not presented to the jury. D was indicted for trafficking in illegal drugs. The jury was given instructions and went into deliberation. The jury asked the following question: 'Does the State have to prove that D knowingly brought into the state four grams or more of oxycodone or just any amount of illegal drugs in order to consider this trafficking?' The court instructed the jury that P does not have to prove that D knew that the drugs in the package were oxycodone, just that he knew that the package contained illegal drugs. P does have to prove beyond a reasonable doubt that the illegal drugs that were in the package were more than four grams of oxycodone. D was convicted and appealed.