Court of Appeals of Missouri, Southern District, Second Division
FROM THE CIRCUIT COURT OF BUTLER COUNTY Honorable Michael M.
Pritchett, Circuit Judge
WILLIAM W. FRANCIS, JR., J.
convicted Jason M. Jones ("Jones") of the class B
felony of the sale of a controlled substance. Jones was
sentenced as a prior and persistent offender to 20 years in
the Department of Corrections. This appeal followed. We
affirm the trial court's judgment.
and Procedural History
does not challenge the sufficiency of the evidence to support
his conviction. Accordingly, we set forth only those facts
necessary to address Jones' point, and such other
evidence as may be helpful for context. Regardless, for
purposes of review, we view the evidence in the light most
favorable to the jury's verdict. See, State
v. Newberry, 157 S.W.3d 387, 390 (Mo.App. S.D. 2005).
Travis Templemire ("Officer Templemire"), an
eight-year veteran with the Missouri State Highway Patrol,
was assigned in 2012 to work with the Southeast Missouri Drug
Task Force in Butler County primarily doing undercover drug
investigations. These undercover operations frequently
involved the use of a confidential informant. From 2012 to
2014, Officer Templemire used approximately ten different
confidential informants, one being C.W.
September 9, 2014, Officer Templemire contacted C.W. to
arrange a drug buy. C.W. knew of someone who could arrange
the drug sale and he contacted Rene' Riley
("Riley"). Officer Templemire and C.W. drove to a
residence in Poplar Bluff to meet with Riley to complete a
residence, Riley was standing in front of the house. Officer
Templemire observed a vehicle backed into the driveway with a
white male in the driver's seat (later identified as
Jones), and a white female in the passenger seat (later
identified as Riley's sister Erin). Officer Templemire
pulled up to the driver's side of Jones' vehicle, and
he and C.W. exited his vehicle. Officer Templemire walked up
to Jones and told him "what [he was] wanting" and
that he had $100 to spend. Jones took a digital scale and
placed it on the center console between himself and his
passenger. Jones placed a baggie on the scale, whereupon
Officer Templemire told Jones that he could not read the
scale. Jones told Officer Templemire that the scale read
"1-0, " which indicated one gram of
methamphetamine. Officer Templemire agreed to purchase the
product, and Jones handed Officer Templemire the baggie in
exchange for the $100.
the transaction, Officer Templemire and Jones discussed
exchanging phone numbers and possible discount pricing if
Officer Templemire bought a larger quantity, or could
"move methamphetamine for [Jones]."
Jones and Erin drove off, Officer Templemire gave Riley $10
for setting up the buy. Officer Templemire and C.W. then
left. The entire transaction had been recorded by audio and
video. The baggie Jones sold to Officer Templemire was later
found to contain methamphetamine.
5, 2015, Jones was indicted by a grand jury for the sale of a
controlled substance; a warrant was issued for his arrest.
November 2, 2015, Jones filed a "Motion for
Continuance" of the November 17, 2015 trial date to
allow sufficient time to coordinate and take the depositions
of Officer Templemire and C.W. The trial court sustained the
motion and reset the jury trial for December 2, 2015.
November 8, 2015, Jones filed a "Motion for Disclosure
of Informant, " asserting that disclosure of the
identity and location of the confidential informant was
imperative "to a fair determination of the cause[,
]" since such disclosure would permit Jones to
adequately prepare the prospective defenses of mistaken
identity and/or entrapment. There is no indication from the
docket sheet that the motion was argued before, or ruled on
by the trial court. However, Jones
notes in his brief that:
Trial counsel for Mr. Jones and the Butler County Assistant
Prosecuting Attorney, both of whom litigated the majority of
this case, have stipulated that Mr. Jones' Motion for
Disclosure of Informant was argued before the trial court at
various times on November 10, 17, 24 and December 1, 2015 and
that the trial court overruled Mr. Jones' motion.
However, as of the filing of this brief, undersigned counsel
has not yet received the final, signed stipulation, but
expects to receive such from trial counsel and the prosecutor
very soon. Upon receipt, the undersigned will supplement Mr.
Jones' Legal File with this document.
stipulation has been filed with this court as part of the
record on appeal.
November 16, 2015, an "Information in Lieu of
Indictment" was filed charging Jones, as a prior and
persistent offender, with the class B felony of sale of a
controlled substance, in violation of section 195.211,
 by knowingly selling methamphetamine to
November 19, 2015, Jones filed a notice to take the
depositions of Officer Templemire and C.W., to take place on
November 23, 2015, at 1:00 p.m., at the offices of the public
defender in Poplar Bluff. The record is silent as to whether those
depositions actually took place.
trial commenced on December 2, 2015. The only witness to
testify was Officer Templemire. The video and audio of the
drug transaction was admitted into evidence as Exhibit 2, and
was played for the jury. Jones did not testify or present any
evidence. The jury convicted Jones of the sale of a
controlled substance. Having previously found Jones to be ...