State of Tennessee v. Andrew Curtis Beard
W2016-00223-CCA-R3-CD
| Tenn. Crim. App. | Jan 24, 2017Background
- In November 2012 undercover Task Force informant John “Pete” Beavers arranged a drug buy; officers searched and wired him and provided photocopied money.
- Beavers met two men in a Pontiac; video recorded the encounter but did not clearly show the transfer of money or drugs.
- Beavers testified he gave the money to Andrew Beard and Beard gave him a small baggie of powder cocaine; the TBI lab confirmed 0.24 grams of cocaine.
- Deputy Lewis and video surveillance supported the timeline and circumstances of the buy; Lewis could not see a hand-to-hand exchange on video but observed interactions consistent with Beavers’ account.
- Beard was tried, convicted of selling less than one-half gram of cocaine (Class C felony), and sentenced as a Range II multiple offender to eight years confinement.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence to support conviction | State: testimony plus lab result and video support conviction | Beard: video does not conclusively show him making the sale; Beavers is not credible | Affirmed — viewed in light most favorable to State, jury reasonably credited Beavers and found elements proved |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (establishes standard for sufficiency review)
- State v. Cabbage, 571 S.W.2d 832 (Tenn. 1978) (appellate courts must view evidence in strongest light for prosecution)
- State v. Bland, 958 S.W.2d 651 (Tenn. 1997) (credibility and weight of evidence are for the jury)
- State v. Tuggle, 639 S.W.2d 913 (Tenn. 1982) (burden on convicted defendant to show insufficiency on appeal)
- State v. Dorantes, 331 S.W.3d 370 (Tenn. 2011) (same standard for direct and circumstantial evidence)
