Childers v. State
2016 Ark. App. 371
| Ark. Ct. App. | 2016Background
- Appellant Anna Childers was convicted by a jury of delivery of methamphetamine, possession of drug paraphernalia (a scale), and unauthorized use of another’s property to facilitate a crime; jury also found a sentencing enhancement for delivery within 1,000 feet of a school or church.
- The controlled buy was conducted using confidential informant Carrie Killian, who entered Childers’ residence at 501 North Main Street and testified that Childers weighed and packaged methamphetamine, then accepted $60 in exchange for a baggie. Lab testing confirmed 0.373 grams of methamphetamine.
- Killian had multiple prior felony convictions and cooperated with law enforcement in exchange for leniency; police pat-searched her and provided $60 buy money before the buy.
- Officers conducted surveillance from a hotel across from the middle school; Officer Smith used a Lidar device to measure distances and testified the house was within 1,000 feet of the middle school and several churches.
- Childers challenged sufficiency of the evidence for each conviction and the enhancement; the trial court overruled objections and the Court of Appeals reviewed the evidence in the light most favorable to the State.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for delivery of methamphetamine | State: informant testimony, controlled buy, lab confirmation show delivery | Childers: informant unreliable, uncorroborated, patdown was cursory and officers didn’t search after buy | Affirmed — testimony and lab results constitute substantial evidence of delivery |
| Sufficiency of evidence for possession of drug paraphernalia (scale) | State: informant saw Childers use digital scales to weigh drug | Childers: only informant testimony, needs corroboration | Affirmed — informant testimony alone sufficient; scale qualifies as paraphernalia |
| Unauthorized use of another’s property to facilitate a crime | State: Childers used rented house (owned by Easley) to facilitate delivery | Childers: challenges predicate delivery conviction | Affirmed — because delivery conviction is supported, this offense is supported too |
| Sentence enhancement for delivery within 1,000 feet of school/church | State: officer measured distances with Lidar; location established by surveillance and hotel/school placement | Childers: Lidar is for speed, officer uncertified, unknown margin of error; measurement unreliable | Affirmed — evidence, viewed favorably to State, supports enhancement (within 1,000 ft) |
Key Cases Cited
- Talley v. State, 312 Ark. 271, 849 S.W.2d 493 (1993) (confidential informant or buyer of illicit drugs is not an accomplice; informant testimony need not be corroborated)