in the Court of Appeals 2 November 2016.
by Defendant from judgment entered 12 September 2014 by Judge
Kenneth F. Crow in Jones County Superior Court, Nos. 12 CRS
Attorney General Joshua H. Stein, by Assistant Attorney
General David D. Lennon, for the State.
Appellate Defender Glenn Gerding, by Assistant Appellate
Defender Katherine Jane Allen, for Defendant-Appellant.
Lynn Glisson ("Defendant") appeals from a judgment
finding her guilty of, inter alia, felonious
conspiracy to traffic opium by sale and delivery and
possession of oxycodone with intent to sell and deliver.
Defendant contends the trial court erred by denying her
motion to dismiss the conspiracy charge related to the
controlled buy on 13 September 2012 for insufficiency of the
evidence. After careful review, we hold that Defendant has
failed to demonstrate error.
Factual and Procedural History
Defendant was indicted on 5 August 2013, 28 April 2014, and 4
August 2014 for eighteen drug-related offenses arising from
three separate controlled buys arranged by the Jones County
Sheriff's Office between August and December 2012. The
evidence at trial tended to show the following:
about August 2012, an informant with the Jones County
Sheriff's Office contacted Detective Timothy Corey
("Detective Corey") and informed him that a couple,
believed to be husband and wife, were selling oxycodone. At
Detective Corey's direction, the informant arranged for a
controlled buy from Defendant.
August 2012, Detective Corey and the informant met Defendant,
who was accompanied by James Adkins ("Adkins"), in
a parking lot in Pottersville, North Carolina. Defendant and
Adkins arrived in a Ford Focus, which Defendant was driving.
Defendant exited the Ford and walked over to the
informant's vehicle to talk with him. The informant
introduced Detective Corey as a family member from out of
town who wanted to buy oxycodone. After a short conversation,
Detective Corey requested oxycodone and paid Defendant $140.
Defendant then turned to the passenger side front seat of the
Ford and spoke with Adkins, who produced a pill bottle.
Defendant counted out a number of pills and gave them to
Detective Corey. The pills were later confirmed to be
Corey and the informant then arranged for a second controlled
buy from Defendant. On or about 13 September 2012,
Detective Corey met the informant in an unfinished
subdivision, and shortly thereafter, at dusk, Defendant and
Adkins arrived in the same Ford Focus Defendant had driven to
the initial controlled buy. Defendant told Detective Corey
that she did not like the meeting location "because
it's a subdivision that, you know, she don't know
where anybody is coming from." Defendant gave Detective
Corey twenty oxycodone pills in exchange for $80.
Corey set up a third controlled buy to take place on 7
December 2012 in the same unfinished subdivision as the
second controlled buy. Defendant told Detective Corey that
she had to pick up Adkins before the meeting. Detective Corey
met Defendant and Adkins and paid Defendant $200. Adkins then
handed Detective Corey thirty-four oxycodone pills. Defendant
was arrested immediately after delivering the pills to
close of the State's evidence, Defendant made an oral
motion to dismiss on all charges. Defendant's trial
counsel argued that the State's evidence and testing
methods were insufficient to satisfy the minimum weight
requirement element for the charge of trafficking opium. The
trial court dismissed one trafficking in opium by possession
charge and reduced the other two charges from trafficking in
opium to sale and delivery of opium. Defendant chose not to
testify and presented no evidence. Her counsel renewed her
general motion to dismiss all remaining charges based on the
insufficiency of the evidence. The trial court denied the
motion to dismiss. Following a meeting with counsel in
chambers, the trial court dismissed the trafficking
allegations in the conspiracy charges, reducing those charges
to conspiracy to sell opium, conspiracy to deliver opium, and
conspiracy to possess with intent to sell or deliver opium.
The trial court reviewed the jury instructions with
Defendant's trial counsel, who agreed with the proposed
instructions regarding each conspiracy charge.
jury returned a guilty verdict on all remaining charges,
except that the jury found the lesser included offense of
knowingly (rather than intentionally) maintaining a motor
vehicle to possess and sell oxycodone on the ...