State v. Wilkins

703 S.E.2d 807 (2010)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

D was driving a brown Ford Crown Victoria to his mother's house after purchasing cigars at a convenience store. D passed by Officer Bunt who recognized the Crown Victoria as the car typically driven by Rico Battle. Bunt knew that there were several outstanding warrants for Battle so he activated his blue lights and pulled over the Crown Victoria. D was the only occupant of the car and D was wearing a hat and sunglasses. D identified himself and Bunt knew that there were outstanding warrants for D, and after confirming the existence of the warrants, D was arrested. Bunt discovered a small plastic bag inside of defendant's pocket, which contained three smaller bags. Each of the three bags were 'tied off' at the top and contained a substance Bunt believed to be marijuana. The substance was 1.89 grams of marijuana. D testified that he purchased the marijuana for personal use and that typically marijuana can be bought in 'nickel' or 'dime' bags for $5.00 to $10.00 each. Bunt also found $1,264.00 in cash separated into 60 $20.00 bills, one $10.00 bill, nine $5.00 bills, and nine $1.00 bills. D testified that approximately $1,000.00 of the cash was for a cash bond that his mother gave to him and the remaining $264.00 was from a check he had cashed. D testified that he was carrying cash because he was 'on the run' and if he were arrested the bail bondsman would not accept a check. After the presentation of the evidence, D moved to dismiss. That motion was denied. D was convicted and appealed.