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State v. Glass

Court of Appeals of Missouri, Eastern District, Fourth Division

September 2, 2014

STATE OF MISSOURI, Respondent,
v.
JOEY LEE GLASS, Appellant

Page 839

Appeal from the Circuit Court of Montgomery County. Honorable Wesley Clay Dalton.

FOR APPELLANT: Craig A. Johnston, Columbia, Missouri.

FOR RESPONDENT: Chris Koster, Richard A. Starnes, Jefferson City, Missouri.

ROY L. RICHTER, Judge. Patricia L. Cohen, P.J., concurs. Robert M. Clayton III, J., concurs.

OPINION

Page 840

ROY L. RICHTER, Judge.

Joey Lee Glass (" Defendant" ) appeals from a judgment on a jury verdict finding him guilty of one count of attempt to manufacture a controlled substance (methamphetamine), in violation of Section 195.211, RSMo (2000); [1] one count of possession of a controlled substance (methamphetamine), in violation of Section 195.202; and two counts of unlawful possession of a firearm, in violation of Section 571.070.1(1). On appeal, Defendant claims that the trial court erred in (1) denying his motion for judgment of acquittal as to all counts because the evidence was insufficient to sustain convictions and (2) entering a judgment on the jury's guilty verdict on two counts of unlawful possession of a firearm because doing so constituted double jeopardy. We reverse the judgment with instructions to discharge Defendant.

I. BACKGROUND

Defendant was charged with attempt to manufacture methamphetamine (Count I), possession of methamphetamine (Count II), and two counts of unlawful possession of a firearm (Counts III and IV) for events that occurred on July 29, 2010. The facts, as adduced by the evidence during the July 29, 2013 jury trial, are not in dispute.

Drug task force officers had been investigating a death from a possible methamphetamine overdose. On July 29, 2010, they arrived at the last place the deceased man had been, the residence of Defendant's parents, Charles[2] and Melinda Glass, to interview potential witnesses. When the officers arrived, they separated Charles and Melinda for the interview process; Charles was questioned outside their mobile home, and Melinda was questioned inside. While inside, Melinda lifted " a wood piece" that was on the living room table, and Sergeant Michael Cheek observed rolling paper, a pen " tooter," [3] foil, pipes, bags of suspected marijuana, and cigarettes with suspected marijuana on that table. At this point, Sergeant Cheek went outside with Melinda to inform the other officers of his observations. Defendant, who had been staying on the living room couch of his parents' home, then

Page 841

arrived on the premises. Sergeant Cheek testified that he did not recall whether Defendant had arrived on foot or in a vehicle. Defendant claimed ownership of everything in the living room, and the officers obtained consent from Charles and Melinda to search the remainder of the residence.

During their search of the mobile home, officers discovered two firearms in an open gun cabinet in the bedroom; a ledger with law enforcement radio scanner codes, scales, bags with white powder, tablets, foil with residue, a pen and a glass pipe with powder residue in that same bedroom; a " power hitter" canister and glass pipe with residue next to the living room couch; and " a lot of foil with burnt residue" in a coffee can in the living room. Sergeant Cheek also testified that there was a van, a tent, and a shed on the property, " within a city block" of the mobile home. In the van, officers discovered cans of starting fluid with holes punched in them. In the tent, they found a cold pack, tubing, Heet, Coleman fuel, a Camel tin containing a burnt pen barrel, a blue container containing bags of white powder, foil, and a coffee filter with residue. Sergeant Cheek testified that from his training and experience, he knew that the items found in the van and the tent were used in the manufacturing of methamphetamine. He testified that the items found in the living room, however, were for the consumption of methamphetamine.

During trial, the State offered into evidence the coffee filter with residue and three plastic bags with powder and residue. These items were all admitted, and a laboratory witness testified that all four exhibits had tested positively for methamphetamine. The parties also ...


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