The opinion
STATE OF MAINE
fyunod °° “ay SUPERIOR COURT
os, CIVIL ACTION
KENNEBEC, ss. — gyno™ es 9 DOCKET NO. CR-02-274
Coz §0 aw Te We es J? De
STATE OF MAINE upieisact WAU N
v. qais 3 gos ORDER ON MOTIONS
ALPHONSO JOHNSON, DONALD L- GAFISRECHI
Defendant
MAR 12 2003
This matter is before the court on two motions by the defendant, both filed
October 1, 2002. In his “motion to suppress statements, admissions, confession,” the
defendant challenges the right of the State to use statements made by him given “with
promises of leniency” (motion) to police officers in an interview of July 8, 2002. In the
second “motion to suppress stop, arrest, search, seizure and derivative evidence,”
defendant challenges the lawfulness of the stop of his vehicle on July 7, 2002, with
attendant arrest, search and seizure.
At the hearing on the motions an Augusta police officer testified that while
traveling southerly on Route 27 a number of yards northerly of the Irving Truck Stop
near the Interstate 95 exit, he met an oncoming vehicle detected by his radar speed
indicator traveling at 61 m.p-h. in the 35 m.p.h. zone. Affecting a U-turn, the officer
pursued the vehicle stopping it in the vicinity of an entrance to an industrial plant site
approximately three-quarters of a mile distant from the clock. The officer approached
the vehicle and saw the operator, an African-American male, with a young Caucasian
female passenger. Upon acquisition of the driver’s identification and communications
with a data site, the officer determined that the operator of the vehicle, the defendant,
was the subject of a warrant for arrest out of the Commonwealth of Massachusetts.
After calling for and receiving backup, the officer affected an arrest of the defendant on
the warrant and placed him in his cruiser in restraint. The passenger was detained and
placed in the cruiser of the backup police officer. The officers then proceeded to
conduct a search of the passenger compartment of the motor vehicle incident to the
arrest. The arresting officer proceeded to examine the driver’s side of the front portion
of defendant’s vehicle while the backup officer searched the passenger side. After
finding no contraband, in accordance with standard practice of the Augusta Police
Department, the officers swapped areas of search. During the examination of the
driver’s compartment, the backup officer noted an area near the accelerator pedal that
appeared to be disturbed. This is a part of the lower trim of the Saturn sedan known as
an “extension.” It is a plastic panel that covers the center console area under the
dashboard.
The defendant’s vehicle is a 1996 SLZ four-door Saturn. The two front seats are
divided in the middle by a console running from an area between the seats to the
dashboard. In front of the console and underneath the dashboard is an area containing
wires and other equipment servicing the dashboard. The front area is covered on both
sides by a plastic panel known as an “extension”. Both of these extension panels are
held in place by plastic tabs which fit into holes or grooves attached to the console at the
rear side, but are attached at the front side with Velcro strips on a brace and on the
extension. To open these panels, one simply needs to grasp the forward edge of the
panel and release the Velcro causing the panel to swing on its tabs and become
detached. On the passenger side, the panel has a particular finger hole inasmuch as the
panel covers the fuse box and therefore it is reasonable to assume that any operator of
the vehicle wishing to replace a fuse would have easy access to do so. The panel on the
driver’s side does not have such a finger hole but the attachment mechanism is
essentially the same. While there was no evidence of any item of equipment behind the
2
driver’s side panel that would cause an operator to routinely access the area, it is clear
that it is a simple matter for a person occupying the driver's seat to lean forward, place
his or her hand within a few inches of the accelerator pedal, grasp the forward edge of
the panel and pull, easily removing it for access to the area.
Indicating that the driver’s side panel appeared to have been disturbed, the
backup officer did reach to the forward edge of the panel and remove it. Immediately
thereafter he reached into the space provided and took possession of the contraband
which gives rise to the indictment of the defendant for aggravating trafficking in
scheduled drugs (class A).
The first issue is the lawfulness of the stop. Notwithstanding the testimony of
the Augusta Police Officer, the defendant and his passenger testified that they came off
Interstate 95 having driven nonstop from Manchester, New Hampshire. The exit ramp
would have taken them under the Interstate and a few hundred yards north when, they
testified, they made a left-hand turn into the Irving Truck Stop where they purchased
supplies and something to eat. They say they then took their drinks in paper cups with
them as they left the truck stop and proceeded to its entrance to Route 27. Both
witnesses indicated there was very little traffic but they observed the Augusta Police
cruiser proceeded southerly on Route 27. They say the cruiser stopped and blinked its
lights indicating permission for the defendant to proceed out of the Irving Truck Stop
and make a left-hand turn northerly onto Route 27. The defendant says that as he
made the turn and gestured to the police officer in thanks for allowing him to proceed,
they made eye contact. He says the officer immediately made a U-turn and stopped the
defendant's vehicle within seconds of the eye contact. The conclusion the defendant
wishes the court to make from these circumstances is that the officer immediately
recognized an African-American operating a motor vehicle with out-of-state plates and
3
with a young Caucasian female, somewhat late at night giving rise to an inappropriate
stop based upon those circumstances rather than appropriate and lawful articulable
suspicion that an unlawful act might be taking place.
Obviously, if the defendant was exiting the Irving Truck Stop, he could not have
reached a speed of 61 m.p.h. between the truck stop entrance and the entrance to the
business park only a couple hundred yards away. This would suggest that the
testimony by the police officer that the vehicle was stopped for probable cause of
speeding is a falsehood and further, that it was a pretextual stop of a vehicle based
upon a racial profile.
Utilizing those methods of assessing credibility that are routinely provided to
juries when they are the trier of fact, the court concludes that the officer’s testimony 1s
more credible than that of the defendant and his passenger notwithstanding the
assertion by the defendant that the presence in the stopped vehicle of drink containers
identified with the food vendor at the Irving Truck Stop would corroborate their
testimony. In the absence of any other evidence to even the slightest degree that the
officer deliberately stopped this vehicle for racial reasons, the court finds no basis to
question the ability of the officer to observe, his experience in law enforcement, the
knowledge of the area, and his motivation to tell the truth as compared to the clear and
present interest of the defendant in his own best self-interest.’
Having decided, then, that the stop was lawful, the court must then examine the
search. It is undisputed that the defendant was wanted by the Haverhill,
1 The court has to make a decision based upon credibility. It is not incredible that a Maine police officer
would stop a vehicle late at night with an adult minority as operator of a vehicle with out-of-state plates
and carrying a minor Caucasian female. If this were the sole ground for the stop, it clearly would be
unlawtul. If it is the practice of a Maine police officer to use such a pretext, it is a practice to be abhorred.
A law enforcement officer, under such circumstances, would be well advised to document, in every way
possible, the basis for his stop by recording of the radar reading at the date and time in question,
photographs of circumstances, or any other information to assure the lack of racial overtones in law
enforcement.
Massachusetts, police and that extradition was authorized. It is also not disputed that
the defendant was subject to a protection order which did not provide authority to
search, detain or arrest? The defendant argues that the circumstance of removing the
panel to find the contraband is similar to United States v. Patterson, 65 F.3d 68 (7" Cir.
1995) which held that the right to search the passenger compartment incident to a
lawful arrest, including the contents of any containers found within the passenger
compartment, does not extend to dismantling portions of the vehicle. In that case, the
officers, through the use of a drug-identifying dog, folded down the tailgate of a pickup
truck, noticed that the screws were missing from the factory-installed cover on the
tailgate’s interior, and lifted the cover finding contraband. The case recognized that all
parts of a vehicle may be searched without a warrant if there is probable cause to be
believe the car contains contraband or evidence but not simply based upon a search
incident to an arrest. The defendant also relies on State v. Ireland, 1998 ME 35, 706 A.2d
597 wherein the officers, making a search incident to an arrest, found a key in the glove
compartment which opened the trunk, they did so and found contraband. In that case,
the Court found probable cause based upon the denial by the owner as having access to
the trunk.
Both Patterson and Ireland refer to the law established by New York v. Belton, 453
USS. 454, 101 S.Ct. 2860 (1981). However, both of those cases analyze the existence of
probable cause where the officers had extended the search beyond the passenger
compartment and containers found therein. As such, they are not applicable to the case
at hand. In Belton, the United States Supreme Court, after finding no workable
definition of “the area within the immediate control of the arrestee” when that area
2 NCIC information contained two entries, one of which identified Alphonso Johnson as a white male and
the other as a black male. Both identifications, however, indicated a height of 6’ 3”, weight 205 Ibs.,
brown eyes, brown hair, and date of birth of April 5, 1975.
5
arguably includes the interior of an automobile and the arrestee is its recent occupant,
quotes from Schimel v. California, 395 U.S. 752, 89 S.Ct. 2034 (1969) at 763 as “the area
into which an arrestee might reach in order to grab a weapon or evidentiary [item].”
Accordingly, the Belton court held that when a policeman has made a lawful custodial
arrest of the occupant of an automobile, he may, as a contemporaneous incident of that
arrest, search the passenger compartment of that automobile. The court goes on to say,
“Tt follows from this conclusion that the police may also examine the contents of any
containers found within the passenger compartment, for if the passenger compartment
is within reach of the arrestee, so also will containers in it be within his reach.” New
York v. Belton at 460. Asa footnote, Belton describes a container as:
Any object capable of holding another object. It thus includes closed or
open glove compartments, consoles, or other receptacles located
anywhere within the passenger compartment, as well as luggage, boxes,
bags, clothing, and the like. Our holding encompasses only the interior of
the passenger compartment of an automobile and does not encompass the
trunk.
Belton at 461.
The issue is not whether the police officers in the instant case had probable cause
to search behind the panel under the dash, but whether, incident to the arrest, the
officers had a lawful right to search a container within the immediate control of the
arrestee. While it could be argued that the manufacturer of Saturn automobiles does
not contemplate that an operator would routinely remove this panel in order to access
the space behind it, at least from the driver’s side, it is done very easily, can be done
quickly from an operator sitting in the passenger seat, and, if the site of a dangerous
weapon, would allow its immediate use by the driver. Accordingly, the court finds the
stop to be based upon appropriate articulable suspicion, the arrest was clearly on
probable cause, and the search was properly incident to the arrest in accordance with
current law.
The second matter for consideration by the court are the statements made by the
defendant to officers of the Maine Drug Enforcement Agency (MDEA) within a
Mirandarized interview. It is the defendant's position that his statements were not
voluntary but the product of improper promises by the interrogating officers. It does
not appear to be disputed that the officers were attempting to obtain the cooperation of
the defendant. While the officers indicated there were no promises, they did testify that
any level of cooperation rendered by the defendant to MDEA would be communicated
to the District Attorney and there was an expectation that he would “fair” better if he
cooperated. It also appears that the subject of cooperation did not come up until about
half-way through the interview after the defendant had made it clear that he “knew the
system” and realized his predicament since he was the owner and operator of the
vehicle. He also admitted to recent past drug use and use of unlawful drugs to
compensate persons performing services for him.
Taking all the evidence in a light most favorable to the defendant, the court is not
satisfied that there was any undue pressure or promises which related in any way to
any involuntary conduct on the part of the defendant in making admissions.
The entry will be:
Defendant's motions to suppress are DENIED.
Dated: FebruaryZF, 2003 LA
onald H. Marden
Justice, Superior Court
STATE OF MAINE SUPERIOR COURT
vs KENNEBEC, ss.
ALPHONSO C JOHNSON Docket No AUGSC-CR-2002-00274
CHICKEN STREET
STARKS ME 04911 DOCKET RECORD
DOB: 04/05/1975
Attorney: ANDREWS CAMPBELL State's Attorney: DAVID CROOK
CAMPBELL LAW OFFICE
45 KALERS CORNER ROAD
WALDOBORO ME 04572
APPOINTED 08/26/2002
Filing Document: INDICTMENT Major Case Type: FELONY (CLASS A,B,C)
Filing Date: 08/15/2002
Charge (s)
1 AGGRAVATED TRAFFICK OR FURNISH SCHEDULE 07/07/2002 AUGUSTA
DRUGS
17-A 1105(1) (B) Class A
Docket Events:
08/15/2002 FILING DOCUMENT - INDICTMENT FILED ON 08/15/2002
TRANSFER - BAIL AND PLEADING GRANTED ON 08/15/2002
TRANSFER - BAIL AND PLEADING REQUESTED ON 08/15/2002
08/16/2002 Charge(s): 1
HEARING - ARRAIGNMENT SCHEDULED FOR 08/27/2002 @ 8:30
08/26/2002 MOTION - MOTION FOR APPOINTMENT OF CNSL FILED BY DEFENDANT ON 08/23/2002
08/26/2002 MOTION - MOTION FOR APPOINTMENT OF CNSL GRANTED ON 08/26/2002
S KIRK STUDSTRUP , JUSTICE
COPY TO PARTIES/COUNSEL, DEFENDANT HAS BEEN DETERMINED BY THE JUDGE TO BE INDIGENT AND HE
HAS BEEN APPOINTED ANDREW CAMPBELL.
08/26/2002 ATTORNEY - APPOINTED ORDERED ON 08/26/2002
S KIRK STUDSTRUP , JUSTICE
08/29/2002 Charge(s): 1
HEARING - ARRAIGNMENT HELD ON 08/27/2002
S KIRK STUDSTRUP , JUSTICE
Attorney: ANDREWS CAMPBELL
DA: ALAN KELLEY Reporter: JANETTE COOK
Defendant Present in Court
READING WAIVED. DEFENDANT INFORMED OF CHARGES. COPY OF INDICTMENT/INFORMATION GIVEN TO
DEFENDANT. 30 DAYS TO FILE MOTIONS
08/29/2002 Charge(s): 1
PLEA - NOT GUILTY ENTERED BY DEFENDANT ON 08/27/2002
08/29/2002 Charge(s): 1
Page 1 of 4 Printed on: 03/05/2003
08/29/2002
09/05/2002
09/11/2002
09/27/2002
10/01/2002
10/01/2002
10/01/2002
10/01/2002
11/13/2002
12/04/2002
ALPHONSO C JOHNSON
AUGSC-CR-2002-00274
DOCKET RECORD
PLEA - NOT GUILTY ACCEPTED BY COURT ON 08/27/2002
BAIL BOND - COMMITMENT ORDER W/ CONDITIONS ISSUED ON 08/27/2002
S KIRK STUDSTRUP , JUSTICE
$30,000 CASH OR $75,000 SURETY, NO USE OR POSS OF ALCOHOL AND NOT TO DRIVE UNLESS PROPERLY
LICENSED.
MOTION - MOTION FOR FUNDS FILED BY DEFENDANT ON 09/05/2002
Attorney: ANDREWS CAMPBELL
ATTY CMPBELL REQUESTS EX PARTE MOTION FOR APPOINTMENT OF PRIVATE INVESTIGATOR IN A SUM NOT
TO EXCEED $1,000.00
MOTION - MOTION FOR FUNDS GRANTED ON 09/06/2002
DONALD H MARDEN , JUSTICE
COPY TO PARTIES/COUNSEL, THE TOTAL AMOUNT APPROVED IS $500 AT THE RATE OF $25.00 PER HOUR.
Charge(s): 1
TRANSFER - BAIL AND PLEADING RECVD BY COURT ON 09/27/2002
AUGDC 02-1720
Charge(s): 1
MOTION - OTHER MOTION FILED BY DEFENDANT ON 10/01/2002
MOTION TO PRESERVE EVIDENCE, THE DEFENDANT, THROUGH COUNSEL, MOVES THAT ANY PACKAGING OF
THE ALLEGED COCAINE SEIZED IN THIS MATTER BE PRESERVED AND NOT DESTROYED BY THE FORENSIC
CHRMISTRY SECTION. THE REASON FOR THIS MOTION IS THAT SUCH EVIDENCE IS ANTICIPATED TO BE
EXULPATORY AND NECESSARY TO ANY FUTURE PROCEEDINGS. REPORT DATED 8/12/02, NOTIFIED
DEFENDANT THAT PACKAGING AND REMAINING MATERIAL IN CASE COULD BE DESTROYED.
MOTION - MOTION TO SUPPRESS EVIDENCE FILED BY DEFENDANT ON 10/01/2002
MOTION TO SUPPRESS STOP, ARREST, SEARCH, SEIZURE AND DERIVATIVE EIVIDENCE. THE STOP OF
THIS VEHICLE ON OR ABOUT JULY 7, 2002; THE SEARCH INCIDENT TO STOP; FOR THE REASON THAT
THERE WAS NOT REASONABLE ARTICULABLE SUSPICION TO STOP, OR TO SEARCH INCIDENT TO STOP
BASED ON SPECIFIC AND ARTICULABLE FACTS, WHICH, TAKEN TOGETHER WITH THE RATIONAL
INFERENCES FROM THESE FACTRS WOULD WARRANT THE INTRUSION.
MOTION - MOTION FOR DISCOVERY FILED BY DEFENDANT ON 10/01/2002
MOTION TO COMPEL DISCOVERY, DEFENDANT THROUGH COUNSEL, MOVES THE COURT TO GRANT AN ORDER
COMPELLING DISCOVERY OF THE FOLLOWING ITEMS: COPY OF ALL COMMUNICATIONS, WSARRANTS, STAYS
OR DETAINERS, FUGITIVE FROM JUSTICE DETAINERS, OR NOTATIONS OR SYNOPSES OR COMMUNICATIONS
RESPECTING THE DEFENDANT OBTAINED PRIOR TO HIS STOP, ARREST, AND/OR SEARCH OF HIS VEHICLE
PURSUANT TO WARRANT. COPY OF ALLEGED ARREST WARRANT OUTSTANDING. AND MANY OTHER ITEMS.
MOTION - MOTION TO SUPPRESS STATEMENT FILED BY DEFENDANT ON 10/01/2002
MOTION TO SUPPRESS STATEMENTS, ADMISSIONS, CONFESSIONS, DEFENDANT THROUGH COUNSEL MOVES TO
SUPPRESS ALL STATEMENTS AND ADMISSIONS ALLEGEDLY MADE BY HIM ON OR ABOUT 7/8/02, 7/9/02,
7/10/02, IN RESPECT TO PENDING THEFT CHARGE. THE THRUST OF DEFENDANT'S MOTION IS THAT SUCH
STATEMENTS AS WERE TAKEN FROM HIM WERE GIVEN WITH PROMISES OF LENIENCY, IN PARTICULAR
LOWELL WOODMAN MDEA AND GREGORY LUMBERT INTERVIEW 7/8/02.
HEARING - MOTION TO SUPPRESS SCHEDULED FOR 12/03/2002
S KIRK STUDSTRUP , JUSTICE
NOTICE TO PARTIES/COUNSEL
OTHER FILING - MEMORANDUM OF LAW FILED ON 12/02/2002
IN SUPPORT OD MOTION TO SUPPRESS AND FOR RETURN OF PROPERTY
Page 2 of 4 Printed on: 03/05/2003
12/06/2002
12/23/2002
12/23/2002
01/08/2003
01/10/2003
01/10/2003
01/10/2003
01/10/2003
01/21/2003
02/25/2003
03/05/2003
03/05/2003
ALPHONSO C JOHNSON
AUGSC-CR-2002-00274
DOCKET RECORD
MOTION - MOTION FOR FUNDS FILED BY DEFENDANT ON 12/06/2002
HEARING - MOTION TO SUPPRESS NOT HELD ON 12/03/2002
HEARING - MOTION TO SUPPRESS SCHEDULED FOR 01/06/2003
NOTICE TO PARTIES/COUNSEL. ALL PENDING MOTIONS
HEARING - MOTION TO SUPPRESS HELD ON 01/06/2003
DONALD H MARDEN , JUSTICE
Attorney: ANDREWS CAMPBELL
DA: ALAN KELLEY Reporter: JANETTE COOK
Defendant Present in Court
DAY 1, WITNESSES SEQUESTERED, STATE WITNESSES: MATTHEW A. CLARK, SHAWN PORTER, DEFENSE
WITNESSES: JOHN BAUER. DAY 2, DEFENSE WITNESSES: JESSICA SEVERANCE AND DEFENDANT. STATE
WITNESSES REBUTTAL: RONALD HENDERSON, LOWELL WOODMAN, JR. ORAL MOTION FOR SANCTION
AGAINST WITNESS DENIED. CLOSING ARGUMENTS AND TAKEN UNDER ADVISEMENT WRITTEN ORDER WILL
BE ISSUED.
MOTION - MOTION FOR DISCOVERY GRANTED ON 12/03/2002
S KIRK STUDSTRUP , JUSTICE
COPY TO PARTIES/COUNSEL
MOTION - MOTION TO SUPPRESS STATEMENT UNDER ADVISEMENT ON 01/07/2003
DONALD H MARDEN , JUSTICE
MOTION - MOTION TO SUPPRESS EVIDENCE UNDER ADVISEMENT ON 01/07/2003
DONALD H MARDEN , JUSTICE
Charge(s): 1
MOTION - OTHER MOTION GRANTED ON 01/06/2003
DONALD H MARDEN , JUSTICE
MOTION TO PRESERVE EVIDENCE, THE DEFENDANT, THROUGH COUNSEL, MOVES THAT ANY PACKAGING OF
THE ALLEGED COCAINE SEIZED IN THIS MATTER BE PRESERVED AND NOT DESTROYED BY THE FORENSIC
CHRMISTRY SECTION. THE REASON FOR THIS MOTION IS THAT SUCH EVIDENCE IS ANTICIPATED TO BE
EXULPATORY AND NECESSARY TO ANY FUTURE PROCEEDINGS. REPORT DATED 8/12/02, NOTIFIED
DEFENDANT THAT PACKAGING AND REMAINING MATERIAL IN CASE COULD BE DESTROYED.
OTHER FILING - COUNSEL VOUCHER FILED ON 01/10/2003
APPROVED IN THE AMOUNT OF $2446.00 (CHIEF JUSTICE MILLS)
ORDER - TRANSCRIPT ORDER FILED ON 01/23/2003
COPY SENT TO COURT REPORTER JANET COOK.
MOTION - MOTION TO SUPPRESS STATEMENT DENIED ON 03/03/2003
DONALD H MARDEN , JUSTICE
COPY TO PARTIES/COUNSEL,
MOTION - MOTION TO SUPPRESS EVIDENCE DENIED ON 03/03/2003
DONALD H MARDEN , JUSTICE
COPY TO PARTIES/COUNSEL
Exhibits
01/06/2003 STATE, Exhibit#1, PRINTOUT OF ACTIVE WARRANT THROUGH NCIC, Adm w/o obj on
01/06/2003.
01/06/2003 DEFENDANT, Exhibit#1, PHOTOGRAPH OF 45 MPH SIGN HEADING SOUTH ON RTE. 27, Adm w/o
obj on 01/06/2003.
01/06/2003 DEFENDANT, Exhibit#2, PHOTOGRAPH, Adm w/o obj on 01/06/2003.
Page 3 of 4 Printed on: 03/05/2003
01/06/2003
01/06/2003
01/06/2003
01/06/2003
01/06/2003
01/06/2003
01/06/2003
01/06/2003
01/06/2003
01/06/2003
01/06/2003
01/06/2003
01/07/2003
01/07/2003
01/07/2003
01/07/2003
01/07/2003
01/07/2003
01/07/2003
A TRUE COPY
ATTEST:
ALPHONSO C JOHNSON
AUGSC-CR-2002-00274
DOCKET RECORD
PHOTOGRAPH OF INTERSECTION OF INTERSTATE, Adm w/o obj on
BLACK CAR TRAVELING ON ANTHONY AVENUE WITH LIGHTS, Adm w/o
FRONT DRIVER'S SIDE OF VEHICLE, Adm w/o obj on 01/06/2003.
FRONT DRIVER'S SIDE OF VEHICLE, Adm w/o obj on 01/06/2003.
PHOTOGRAPH OF FRONT DRIVER'S SIDE OF VEHICLE, Adm w/o obj on
PHOTOGRAPH OF CONSOLE OF DEFENDANT'S VEHICLE, Adm w/o obj on
PHOTOGRAPH OF FRONT PASSENGER'S SIDE OF VEHICLE, Adm w/o obj
PHOTOGRAPH OF PASSENGER'S SIDE OF VEHICLE, Adm over obj on
PHOTOGRAPH OF ANOTHER SATURN WITH PANEL NOT REMOVED, Adm
DIAGRAM OF CENTER CONSOLE, Adm over obj on 01/06/2003.
DIAGRAM OD DASH, Adm over obj on 01/06/2003.
DESCRIPTION OF PARTS FOR A SATURN VEHICLE, Adm over obj on
PHOTO OF CONSOLE PANEL, Adm w/o obj on 01/07/2003.
PHOTO OF CONSOLE PANEL, Adm w/o obj on 01/07/2003.
SKETCH (FOR RECORD ONLY), Not Admitted on 01/07/2003.
DEFENDANT, Exhibit#3,
01/06/2003.
DEFENDANT, Exhibit#4,
obj on 01/06/2003.
DEFENDANT, Exhibit#5,
DEFENDANT, Exhibit#6,
DEFENDANT, Exhibit#7,
01/06/2003.
DEFENDANT, Exhibit#8,
01/06/2003.
DEFENDANT, Exhibit#9,
on 01/06/2003.
DEFENDANT, Exhibit#10,
01/06/2003.
DEFENDANT, Exhibit#11,
over obj on 01/06/2003.
DEFENDANT, Exhibit#12,
DEFENDANT, Exhibit#13,
DEFENDANT, Exhibit#14,
01/06/2003.
DEFENDANT, Exhibit#15,
DEFENDANT, Exhibit#16,
DEFENDANT, Exhibit#17,
STATE, Exhibit#2, MIRANDA, Adm w/o obj on 01/07/2003.
DEFENDANT, Exhibit#18, REPORT OF OFFICER RONALD HENDERSON, Adm w/o obj on
01/07/2003.
DEFENDANT, Exhibit#19, REPORT, Adm w/o obj on 01/07/2003.
DEFENDANT, Exhibit#20, OFFICER LOWELL WOODMAN'S NOTES, Adm w/o obj on 01/07/2003.
Clerk
Page 4
4 Printed on: 03/05/2003
STATE OF MAINE crewed AnD FILED SUPERIOR COURT
_ PEGETASUBeRIOR COURT = CRIMINAL ACTION
KENNEBEC ss. ee DOCKET NO. CR-02-274
MMA? PAO CR. | -
STATE OF MAINE Soace LAPIN
a eR TS
ALPHONSO JOHNSON, nhs
Defendant JUL 290 3B
This matter is before the court on the defendant’s Motion for Correction or
Reduction of Sentence, filed on August 11, 2004. Action on this motion was deferred, at
the request of defendant’s counsel, until after his appeal was decided by the Law Court.
The motion claims the sentence in this case was illegally imposed via M.R. Crim.
P. 35(a) because the court relied on facts as aggravating factors in sentencing which had
not been found by the jury. He cites the court to Blakely v. Washington, US. y
124 S.Ct. 253 (2004), for the proposition that such facts cannot be used by the court
unless proven beyond a reasonable doubt to a jury’s satisfaction.
In truth, however, the facts concerning the defendant’s record and his status in
the Massachusetts criminal justice system were either stipulated to or uncontested.
Moreover, the fact that Massachusetts later dismissed their cases against the defendant
does not change the accuracy of the facts concerning the pendency of those matters as
cited by the court in the record.
In addition, the defendant appealed this sentence to the Law Court and, at that
time, the decision in Blakely, id., had been issued by the Supreme Court so its principles
were available to support any claim that the sentence in this case was illegally imposed.
Whether the defendant relied on Blakely in his appeal is unknown, but the Law Court
found that the court did not misapply sentencing principles in imposing the sentence
here complained of. See State v. Johnson, 2005 ME 46,9 1,n.2,_ Ss A2d_ The
defendant does not get a second opportunity under Rule 35 to contest the legality of his
sentence after our highest court has already considered the matter.
The defendant also claims that the court relied on a mistake of fact in its
sentencing, so asks for relief under M.R. Crim. P. 35(c)(2) which authorizes a reduction
of sentence. The motion references no factual mistakes, but the court understands that
the defendant is claiming that the court erred when it considered as an aggravating
factor that the defendant was avoiding the criminal justice system in Massachusetts
where he had cases pending. This was a mistake, he says, because his charges there
were later dismissed. The dismissals, however, occurred after sentencing and no
evidence has been adduced to demonstrate that the agreed-upon fact that the defendant
had charges pending in Massachusetts when he was sentenced here was not correct.
Accordingly, the court cannot find that its sentencing decision was affected by a
mistake of fact at the time judgment was entered in this case.
For all these reasons, the entry will be:
Motion for Correction or Reduction of Sentence is DENIED.
So ordered.
Dated: April2@@ __, 2005 Cinna 2
ohn R. Atwood
Justice, Superior Court
STATE OF MAINE SUPERIOR COURT
vs KENNEBEC, ss.
ALPHONSO C JOHNSON Docket No AUGSC-CR-2002-00274
CHICKEN STREET
STARKS ME 04911 DOCKET RECORD
DOB: 04/05/1975
Attorney: ANDREWS CAMPBELL State's Attorney: DAVID CROOK
CAMPBELL LAW OFFICE
45 KALERS CORNER ROAD
WALDOBOROS ME 04572
APPOINTED 08/26/2002
Filing Document: INDICTMENT Major Case Type: FELONY (CLASS A,B,C)
Filing Date: 08/15/2002
Charge (s)
1 AGGRAVATED TRAFFICK OR FURNISH SCHEDULE 07/07/2002 AUGUSTA
DRUGS
Seq 2783 17-A 1105(1) (B) Class A
Docket Events:
08/15/2002 FILING DOCUMENT - INDICTMENT FILED ON 08/15/2002
TRANSFER - BAIL AND PLEADING GRANTED ON 08/15/2002
TRANSFER - BAIL AND PLEADING REQUESTED ON 08/15/2002
08/16/2002 Charge(s): 1
HEARING - ARRAIGNMENT SCHEDULED FOR 08/27/2002 @ &:30
08/26/2002 MOTION - MOTION FOR APPOINTMENT OF CNSL FILED BY DEFENDANT ON 08/23/2002
08/26/2002 MOTION - MOTION FOR APPOINTMENT OF CNSL GRANTED ON 08/26/2002
S KIRK STUDSTRUP , JUSTICE
COPY TO PARTIES/COUNSEL, DEFENDANT HAS BEEN DETERMINED BY THE JUDGE TO BE INDIGENT AND HE
HAS BEEN APPOINTED ANDREW CAMPBELL.
08/26/2002 ATTORNEY - APPOINTED ORDERED ON 08/26/2002
S KIRK STUDSTRUP , JUSTICE
08/26/2002 Party(s): ALPHONSO C JOHNSON
ATTORNEY - APPOINTED ORDERED ON 08/26/2002
Attorney: ANDREWS CAMPBELL
08/29/2002 Charge(s): 1
HEARING ~ ARRAIGNMENT HELD ON 08/27/2002
S KIRK STUDSTRUP , JUSTICE
Attorney: ANDREWS CAMPBELL
DA: ALAN KELLEY Reporter: JANETTE COOK
Defendant Present in Court
READING WAIVED. DEFENDANT INFORMED OF CHARGES. COPY OF TINDICTMENT/INFORMATION GIVEN TO
DEFENDANT. 30 DAYS TO FILE MOTIONS
Page 1 cf 10 Printed on: 04/27/2005
08/29/2002
08/29/2002
08/29/2002
09/05/2002
09/11/2002
09/27/2002
10/01/2002
10/01/2002
10/01/2002
10/01/2002
11/13/2002
ALPHONSO C JOHNSON
AUGSC-CR-2002-00274
DOCKET RECORD
Charge(s): 1
PLEA - NOT GUILTY ENTERED BY DEFENDANT ON 08/27/2002
Charge(s): 1
PLEA - NOT GUILTY ACCEPTED BY COURT ON 08/27/2002
BAIL BOND - COMMITMENT ORDER W/ CONDITIONS ISSUED ON 08/27/2002
S KIRK STUDSTRUP , JUSTICE
$30,000 CASH OR $75,000 SURETY, NO USE OR POSS OF ALCOHOL AND NOT TO DRIVE UNLESS PROPERLY
LICENSED.
MOTION - MOTION FOR FUNDS FILED BY DEFENDANT ON 09/05/2002
Attorney: ANDREWS CAMPBELL
ATTY CMPBELL REQUESTS EX PARTE MOTION FOR APPOINTMENT OF PRIVATE INVESTIGATOR IN A SUM NOT
TO EXCEED $1,000.00
MOTION - MOTION FOR FUNDS GRANTED ON 09/06/2002
DONALD H MARDEN , JUSTICE
COPY TO PARTIES/COUNSEL, THE TOTAL AMOUNT APPROVED IS $500 AT THE RATE OF $25.00 PER HOUR.
Charge(s): 1
TRANSFER - BAIL AND PLEADING RECVD BY COURT ON 09/27/2002
AUGDC 02-1726
Charge(s): 1
MOTION - OTHER MOTICN FILED BY DEFENDANT ON 10/01/2002
MOTION TO PRESERVE EVIDENCE, THE DEFENDANT, THROUGH COUNSEL, MOVES THAT ANY PACKAGING OF
THE ALLEGED COCAINE SEIZED IN THIS MATTER BE PRESERVED AND NOT DESTROYED BY THE FORENSIC
CHRMISTRY SECTION. THE REASON FOR THIS MOTION IS THAT SUCH EVIDENCE IS ANTICIPATED TO BE
EXULPATORY AND NECESSARY TO ANY FUTURE PROCEEDINGS. REPORT DATED 6/12/02, NOTIFIED
DEFENDANT THAT PACKAGING AND REMAINING MATERIAL IN CASE COULD BE DESTROYED.
MOTION ~ MOTION TO SUPPRESS EVIDENCE FILED BY DEFENDANT ON 10/01/2002
MOTION TO SUPPRESS STOP, ARREST, SEARCH, SEIZURE AND DERIVATIVE EIVIDENCE. THE STOP OF
THIS VEHICLE ON OR ABOUT JULY 7, 2002; THE SEARCH INCIDENT TO STOP; FOR THE REASON THAT
THERE WAS NOT REASONABLE ARTICULABLE SUSPICION TO STOP, OR TO SEARCH INCIDENT TO STOP
BASED ON SPECIFIC AND ARTICULABLE FACTS, WHICH, TAKEN TOGETHER WITH THE RATIONAL
INFERENCES FROM THESE FACTRS WOULD WARRANT THE INTRUSION.
MOTION - MOTION FOR DISCOVERY FILED BY DEFENDANT ON 10/01/2002
MOTION TO COMPEL DISCOVERY, DEFENDANT THROUGH COUNSEL, MOVES THE COURT TO GRANT AN CRDER
COMPELLING DISCOVERY OF THE FOLLOWING ITEMS: COPY OF ALL COMMUNICATIONS, WSARRANTS, STAYS
OR DETAINERS, FUGITIVE FROM JUSTICE DETAINERS, OR NOTATIONS OR SYNOPSES OR COMMUNICATIONS
RESPECTING THE DEFENDANT OBTAINED PRIOR TO HIS STOP, ARREST, AND/OR SEARCH OF HIS VEHICLE
PURSUANT TO WARRANT. COPY OF ALLEGED ARREST WARRANT OUTSTANDING. AND MANY OTHER ITEMS.
MOTICN - MOTION TO SUPPRESS STATEMENT FILED BY DEFENDANT ON 10/01/2002
MOTION TO SUPPRESS STATEMENTS, ADMISSIONS, CONFESSIONS, DEFENDANT THROUGH COUNSEL MOVES TO
SUPPRESS ALL STATEMENTS AND ADMISSIONS ALLEGEDLY MADE BY HIM ON OR ABOUT 7/8/02, 7/3/02,
7/10/02, IN RESPECT TO PENDING THEFT CHARGE. THE THRUST OF DEFENDANT'S MOTION IS THAT SUCH
STATEMENTS AS WERE TAKEN FROM HIM WERE GIVEN WITH PROMISES OF LENIENCY, IN PARTICULAR
LOWELL WOODMAN MDEA AND GREGORY LUMBERT INTERVIEW 7/8/02.
HEARING - MOTION TO SUPPRESS SCHEDULED FOR 12/03/2002
S KIRK STUDSTRUP , JUSTICE
Page 2 of 10 Printed on: 04/27/2005
ALPHONSO C JOHNSON
AUGSC-CR-2002-00274
DOCKET RECORD
NOTICE TO PARTIES /COUNSEL
12/04/2002 OTHER FILING - MEMORANDUM OF LAW FILED ON 12/02/2002
IN SUPPORT OD MOTION TO SUPPRESS AND FOR RETURN OF PROPERTY
12/06/2002 MOTION - MOTION FOR FUNDS FILED BY DEFENDANT ON 12/06/2002
12/23/2002 HEARING - MOTION TO SUPPRESS NOT HELD ON 12/03/2002
12/23/2002 HEARING - MOTION TO SUPPRESS SCHEDULED FOR 01/06/2003
NOTICE TO PARTIES/COUNSEL. ALL PENDING MOTIONS
01/08/2003 HEARING - MOTION TO SUPPRESS HELD ON 01/06/2003
DONALD H MARDEN , JUSTICE
Attorney: ANDREWS CAMPBELL
DA: ALAN KELLEY Reporter: JANETTE COOK
Defendant Present in Court
DAY 1, WITNESSES SEQUESTERED, STATE WITNESSES: MATTHEW A. CLARK, SHAWN PORTER, DEFENSE
WITNESSES: JOHN BAUER. DAY 2, DEFENSE WITNESSES: JESSICA SEVERANCE AND DEFENDANT. STATE
WITNESSES REBUTTAL: RONALD HENDERSON, LOWELL WOODMAN, JR. ORAL MOTION FOR SANCTION
AGAINST WITNESS DENIED. CLOSING ARGUMENTS AND TAKEN UNDER ADVISEMENT WRITTEN ORDER WILL
BE ISSUED.
01/10/2003 MOTION - MOTION FOR DISCOVERY GRANTED ON 12/03/2002
S KIRK STUDSTRUP , JUSTICE
COPY TO PARTIES/COUNSEL
01/10/2003 MCTION - MOTION TO SUPPRESS STATEMENT UNDER ADVISEMENT ON 01/07/2003
DONALD H MARDEN , JUSTICE
01/10/2003 MOTION - MOTION TO SUPPRESS EVIDENCE UNDER ADVISEMENT ON 01/07/2003
DONALD H MARDEN , JUSTICE
01/10/2003 Charge(s): 1
MOTION - OTHER MOTION GRANTED ON 01/06/2003
DONALD H MARDEN , JUSTICE
MOTION TO PRESERVE EVIDENCE, THE DEFENDANT, THROUGH COUNSEL, MOVES THAT ANY PACKAGING OF
THE ALLEGED COCAINE SEIZED IN THIS MATTER BE PRESERVED AND NOT DESTROYED BY THE FORENSIC
CHRMISTRY SECTION, THE REASON FOR THIS MOTION IS THAT SUCH EVIDENCE IS ANTICIPATED TO BE
EXULPATORY AND NECESSARY TO ANY FUTURE PROCEEDINGS. REPORT DATED 8/12/02, NOTIFIED
DEFENDANT THAT PACKAGING AND REMAINING MATERIAL IN CASE COULD BE DESTROYED.
01/21/2003 OTHER FILING - COUNSEL VOUCHER FILED ON 01/10/2003
APPROVED IN THE AMOUNT OF $2446.00 (CHIEF JUSTICE MILLS)
02/25/2003 ORDER - TRANSCRIPT ORDER FILED ON 01/23/2003
COPY SENT TO COURT REPORTER JANET COOK.
03/05/2003 MOTION - MOTION TO SUPPRESS STATEMENT DENIED ON 03/03/2003
DONALD H MARDEN , JUSTICE
COPY TO PARTIES/COUNSEL,
03/05/2003 MOTION - MOTION TO SUPPRESS EVIDENCE DENIED ON 03/03/2003
DONALD H MARDEN , JUSTICE
COPY TO PARTIES/COUNSEL
03/27/2003 OTHER FILING - TRANSCRIPT FILED ON 03/27/2003
Reporter: JANETTE COOK
MOTIONS TRANSCRIPT RECEIVED
Page 3 of 10 Printed on: 04/27/2005
04/09/2003
05/19/2003
08/04/2003
08/04/2003
08/04/2003
08/04/2003
08/04/2003
08/04/2003
08/04/2003
08/04/2003
08/04/2003
08/04/2003
08/04/2003
08/05/2003
ALPHONS® C JOHNSON
AUGSC-CR-2002-00274
DOCKET RECORD
TRIAL - DOCKET CALL SCHEDULED FOR 05/08/2003 @ 9:30
TRIAL - DOCKET CALL HELD ON 05/08/2003
DONALD H MARDEN , JUSTICE
Attorney: ANDREWS CAMPBELL
DA: ALAN KELLEY Reporter: LAURIE GOULD
Defendant Present in Court
TRIAL TO BE SET JUNE 30, 2003
MOTION - MOTION FOR ATTND OF WITNESSES FILED BY DEFENDANT ON 05/16/2003
MOTION - MOTION FOR ATTND OF WITNESSES GRANTED ON 05/19/2003
COPY TO PARTIES/ COUNSEL
MOTION - OTHER MOTION FILED BY DEFENDANT ON 05/28/2003
MOTION RE FINGER PRINT EVIDENCE
MOTION - OTHER MOTION DENIED ON 06/26/2003
MOTION RE FINGER PRINT EVIDENCE
MOTION - MOTION IN LIMINE FILED BY DEFENDANT ON 06/26/2003
EVIDENCE OF WARRANT
MOTION - MOTION IN LIMINE GRANTED ON 06/26/2003
JOHN R ATWOOD , JUSTICE
COPY TO PARTIES / COUNSEL
MOTION - MOTION IN LIMINE FILED BY DEFENDANT ON 06/26/2003
TO ADD WITNESSES
MOTION - MOTION IN LIMINE GRANTED ON 06/26/2003
JOHN R ATWOOD , JUSTICE
Attorney: ANDREWS CAMPBELL
DA: ALAN KELLEY Reporter: TAMMY DROUIN
COPY TO PARTIES/ COUNSEL
MOTION - MOTION IN LIMINE FILED BY DEFENDANT ON 06/26/2003
FOR EXCLUSION FROM EVIDENCE OF SCALES FOUND IN THE CAR.
MOTION - MOTION IN LIMINE DENIED ON 06/26/2003
JOHN R ATWOOD , JUSTICE
Attorney: ANDREWS CAMPBELL
DA: ALAN KELLEY Reporter: TAMMY DROUIN
COPY TO PARTIES /COUNSEL
TRIAL - JURY TRIAL HELD ON 06/26/2003
DAY ONE - WITNESSES SEQUESTED - OPENING STATEMENTS MADE BY BOTH STATE AND DEFENSE.
WITNESSES: MATTHEW CLERK, SEAN
PORTER, DONALD HENDERSON
TRIAL - JURY TRIAL HELD ON 06/30/2003
JOHN R ATWOOD , JUSTICE
Attorney: ANDREWS CAMPBELL
DA: ALAN KELLEY Reporter: TAMMY DROUIN
Defendant Present in Court
Page 4 of 10 Printed on: 04/27/2005
08/05/2003
08/05/2003
08/05/2003
08/05/2003
08/05/2003
08/05/2003
08/05/2003
08/05/2003
08/05/2003
08/05/2003
08/06/2003
08/11/2003
0a/25/2003
09/02/2003
ALPHONSO C JOHNSON
AUGSC-CR-2002-00274
DOCKET RECORD
DAY TWO
TRIAL - JURY TRIAL HELD ON 06/28/2003
JOHN R ATWOOD , JUSTICE
Attorney: ANDREWS CAMPBELL
DA: ALAN KELLEY
Defendant Present in Court
Reporter: TAMMY DROUIN
DAY THREE
TRIAL - JURY TRIAL HELD CN 07/01/2003
JOHN R ATWOCD , JUSTICE
Attorney: ANDREWS CAMPBELL
DA: ALAN KELLEY
Reporter: TAMMY DROUIN
‘Defendant Present in Court
DAY THREE DEFENSE WITNESSES: RANDALL KEATCN, CHRISTOPHER CARR, ALPHONSO JOHNSON,
JESSICA SEVERANCE AND KAREY CAMPBELL DISCUSSION IN CHAMBERS REGARDING THE FOREMAN,
FOREMAN EXCUSED AND REPLACED.
TRIAL - JURY TRIAL HELD ON 07/02/2003
JOHN R ATWOCD , JUSTICE
Attorney: ANDREWS CAMPBELL
DA: ALAN KELLEY
Defendant Present in Court
Reporter: TAMMY DROUIN
DAY FOUR; CLOSING ARGUMENTS, CHARGE AND DELIBERATIONS
Charge(s): 1
VERDICT - GUILTY RETURNED ON 07/02/2003
Charge{s}: 1
FINDING - GUILTY ENTERED BY COURT ON 07/02/2003
Charge(s): 1'
FINDING - GUILTY CONT FOR SENTENCING ON 07/02/2003
SENTENCING MEMOS DUE 8/15, REPLY MEMOS DUE BY THE FOLLOWING FRIDAY AND SENTENCING TO BE
SCHEDULED THE MIDDLE OF AUGUST.
BAIL BOND - NO BAIL ALLOWED SET BY COURT ON 07/62/2003
JOHN R ATWOOD , JUSTICE
BAIL BOND - NO BAIL ALLOWED COMMITMENT ISSUED ON 07/02/2003
MOTION - OTHER MOTION FILED BY DEFENDANT ON 07/08/2003
MOTION TO PRESERVE EVIDENCE
MOTION - MOTION TO TAKE EXHIBITS FILED BY STATE ON 07/16/2003
MOTION TO RELEASE EXHIBITS
OTHER FILING - SENTENCING MEMORANDUM FILED BY STATE ON 08/06/2003
OTHER FILING - SENTENCING MEMORANDUM FILED BY DEFENDANT ON 08/11/2003
HEARING - SENTENCE HEARING SCHEDULED FOR 08/27/2003 @ 8:30
NOTICE TO PARTIES/ COUNSEL
HEARING - SENTENCE HEARING HELD ON 08/27/2003
Page 5 of 10
Printed on: 04/27/2005
ALPHONSO C JOHNSON
AUGSC-CR-2002-00274
DOCKET RECORD
JOHN R ATWOOD , JUSTICE
Attorney: ANDREWS CAMPBELL
DA: ALAN KELLEY Reporter: CASE ENOCH
Defendant Present in Court
DEFENDANT SPEAKS ON HIS OWN BEHALF
09/02/2003 MOTION - OTHER MOTION MOOT ON 08/27/2003
MOTION TO PRESERVE EVIDENCE
09/02/2003 MOTION - MOTION TO TAKE EXHIBITS GRANTED ON 08/27/2003
DONALD H MARDEN , JUSTICE
COPIES TO PARTIES/COUNSEL COCAINE TO BE RELEASED TO MDEA. THE REMAINING EXHIBITS ARE TO
BE HELD BY THE CLERK PENDING APPEAL.
09/02/2003 Charge(s): 1
RULING - ORIGINAL ORDERED ON 08/27/2003
It is adjudged that the defendant is guilty of 1 AGGRAVATED TRAFFICK OR FURNISH SCHEDULE
DRUGS i7-A 1105(1} (8) Class A as charged and convicted.
The defendant is sentenced to the DEPARTMENT OF CORRECTIONS for a term of 12 year(s).
It ig ordered that all but 7 year{s) of the sentence as it relates to confinement be suspended.
It is ordered that the defendant be placed on a period of probation for a term of 6 year(s) upon
conditions attached hereto and incorporated by reference herein.
Said Probation to commence after completion of the unsuspended term of imprisonment.
$ 25 VICTIMS COMPENSATION FUND
TOTAL DUE:§$ 25.00.
Special Conditions of Probation:
1. cvefrain from all criminal conduct and violation of federal, state and local laws.
2. xvreport to the probation officer immediately and thereafter as directed and within 48 hours
of your release from jail.
3. answer all questions by your probation officer and permit the officer to visit you at your
home or elsewhere.
obtain permission from your probation officer before changing your address or employment.
not leave the State of Maine without written permission of your probation officer.
Maintain employment and devote yourself to an approved employment or education program.
not possess or use any unlawful drugs.
o~aWn wk
identify yourself as a probationer to any law enforcement officer if you are arrested,
detained or questioned for any reason and notify your probation officer of that contact
within 24 hours.
9. waive extradition back to the State of Maine from any other place.
10. not own, possess or use any firearm or dangerous weapon if you have ever been convicted of
a crime in any jurisdiction with a potential penalty of one year or more or any crime
involving domestic violence or the use of a firearm cr dangerous weapon.
provide a DNA sample as required.
not own, possess or use any firearm or dangerous weapon.
Page 6 of 10 Printed on: 04/27/2005
09/02/2003
09/02/2003
09/02/2003
09/02/2003
09/02/2003
09/02/2003
09/02/2003
09/02/2003
09/12/2003
10/10/2003
11/24/2003
08/11/2004
04/06/2005
04/06/2005
submit to
ALPHONSO C JOHNSON
AUGSC-CR-2002-00274
DOCKET RECORD
random search
and testing for alcohol at the direction of a probation or law
enforcement officer.
submit to
random search and testing for drugs at the direction of a probation or law
enforcement officer.
submit to
random search and testing for firearms at the direction of a probation or law
enforcement officer.
submit to
random search and testing for dangerous weapons at the direction of a probation or
law enforcement officer.
DEFENDANT
Charge{s):
RULING -
DEFENDANT
APPEAL -
APPEAL -
APPEAL -
Charge (s):
APPEAL -
Charge (s):
APPEAL -
Charge(s):
APPEAL -
Charge (s}:
ABSTRACT -
LAST EDI SENT:
Charge (s):
APPEAL -
OTHER FILING -
CREDIT FOR 415 DAYS FROM JULY &,
Charge (s):
APPEAL -
TO ABIDE BY PHARMACY CONDITIONS ATTACHED
1
ORIGINAL ISSUED ON 08/27/2003
ACKNOWLEDGES RECEIPT
NOTICE OF APPEAL FILED ON 08/27/2003
NOTICE OF APPEAL SENT TO REPORTER/ER ON 06/27/2003
NOTICE OF APPEAL SENT TO LAW COURT ON 08/27/2003
1
APPLICATION ALLOW SENT APPEAL FILED ON 08/27/2003
1
APPLICATION ALLOW SENT APPEAL SENT TO REPORTER/ER ON 08/27/2003
1 .
APPLICATION ALLOW SENT APPEAL SENT TO LAW COURT ON 08/27/2003
1
SBI EDI ON 09/02/2003
09/02/2003 21:19:35
1
RECORD ON APPEAL SENT TO LAW COURT ON 09/12/2003
STATEMENT OF TIME FILED ON 10/09/2003
2002 TO AUGUST 27, 2003
1
APPLICATION ALLOW SENT APPEAL GRANTED ON 11/24/2003
LEAVE TO APPEAL SENTENCE IS HEREBY GRANTED AND CONSCLIDATED WITH LAW COURT APPEAL (KEN-03-
577)
Charge {s}:
MOTION -
Charge (5s):
APPEAL -
Charge (s):
APPEAL -
1
MOTION FOR CORR/REDUCE SNTC FILED BY DEFENDANT ON 08/11/2004
1
MANDATE/ORDER FILED ON 04/06/2005
1
MANDATE/ORDER DENIED ON 04/06/2005
Page 7 of 10 Printed on: 04/27/2005
04/07/2005
04/07/2005
04/07/2005
04/26/2005
04/26/2005
04/27/2005
04/27/2005
HEARING -
ALPHONSO C JOHNSON
AUGSC-CR- 2002-00274
DOCKET RECORD
MOTION REDUCTION OF SENTENCE SCHEDULED FOR 04/26/2005 @ 8:30
NOTICE TO PARTIES/COUNSEL
HEARING -
WRIT -
MOTION REDUCTION OF SENTENCE NOTICE SENT ON 04/07/2005
HABEAS CORPUS TO TESTIFY ISSUED ON 04/07/2005
CERTIFIED COPY TO SHERIFF DEPT.
WRIT -
HEARING -
JOHN R ATWOOD ,
ANDREWS
ALAN KELLEY
Attorney:
DA:
HABEAS CORPUS TO TESTIFY VACATED ON 04/25/2005
MOTION REDUCTION OF SENTENCE HELD ON 04/26/2005
JUSTICE
CAMPBELL
Defendant Present in Court
ELECTRONIC RECORDING TAPEH#683,
Charge (s):
MOTICN -
JOHN R ATWOOD
INDEX#1339-1868
MOTION FOR CORR/REDUCE SNTC DENIED ON 04/26/2005
, JUSTICE
COPIES TO PARTIES/COUNSEL
ORDER -
COURT ORDER ENTERED ON 04/26/2005
ORDER BY JUSTICE ATWOOD DENYING MOTION FOR REDUCTION OF SENTENCE
Receipts
10/30/2003 Case Payment $25.00 paid.
Exhibits
01/06/2003 STATE, Exhibit#1, PRINTOUT OF ACTIVE WARRANT THROUGH NCIC, Adm w/o obj on
01/06/2003.
01/06/2003 DEFENDANT, Exhibit#1, PHOTOGRAPH OF 45 MPH SIGN HEADING SOUTH ON RTE. 27, Adm w/o
obj on 01/06/2003.
01/06/2003 DEFENDANT, Exhibit#2, PHOTOGRAPH, Adm w/o obj on 01/06/2003.
01/06/2003 DEFENDANT, Exhibit#3, PHOTOGRAPH OF INTERSECTION OF INTERSTATE, Adm w/o obj on
01/06/2003.
01/06/2003 DEFENDANT, Exhibit#4, BLACK CAR TRAVELING ON ANTHONY AVENUE WITH LIGHTS, Adm w/o
obj on 01/06/2003.
01/06/2003 DEFENDANT, Exhibit#5, FRONT DRIVER'S SIDE OF VEHICLE, Adm w/o obj on 01/06/2003.
01/06/2003 DEFENDANT, Exhibit#é, FRONT DRIVER'S SIDE OF VEHICLE, Adm w/o obj on 01/06/2003,
01/06/2003 DEFENDANT, Exhibit#7, PHOTOGRAPH OF FRONT DRIVER'S SIDE OF VEHICLE, Adm w/o obj on
01/06/2003.
01/06/2003 DEFENDANT, Exhibit#8, PHOTOGRAPH OF CONSOLE OF DEFENDANT'S VEHICLE, Adm w/o obj on
01/06/2003.
01/06/2003 DEFENDANT, Exhibit#9, PHOTOGRAPH OF FRONT PASSENGER'S SIDE OF VEHICLE, Adm w/o obj
on 01/06/2003.
01/06/2003 DEFENDANT, Exhibit#10, PHOTOGRAPH OF PASSENGER'S SIDE OF VEHICLE, Adm over obj on
01/06/2003.
01/06/2003 DEFENDANT, Exhibit#11, PHOTOGRAPH OF ANOTHER SATURN WITH PANEL NOT REMOVED, Adm
over obj on 01/06/2003.
01/06/2003 DEFENDANT, Exhibit#12, DIAGRAM OF CENTER CONSCLE, Adm over obj on 01/06/2003.
Page 8 of 10 Printed on: 04/27/2005
ALPHONSC C JCHNSON
AUGSC-CR-2002-00274
DOCKET RECORD
01/06/2003 DEFENDANT, Exhibit#13, DIAGRAM OD DASH, Adm over obj on 01/06/2003.
01/06/2003 DEFENDANT, Exhibit#14, DESCRIPTION OF PARTS FOR A SATURN VEHICLE, Adm over obj on
01/06/2003.
01/07/2003 DEFENDANT, Exhibit#15, PHOTO OF CONSOLE PANEL, Adm w/o obj on 01/07/2003.
01/07/2003 DEFENDANT, Exhibit#16, PHOTO OF CONSOLE PANEL, Adm w/o obj on 01/07/2003.
01/07/2003 DEFENDANT, Exhibit#i7, SKETCH (FOR RECORD ONLY), Not Admitted on 01/07/2003.
01/07/2003 STATE, Exhibit#2, MIRANDA, Adm w/o obj on 01/07/2003.
01/07/2003 DEFENDANT, Exhibit#18, REPORT OF OFFICER RONALD HENDERSON, Adm w/o obj on
01/07/2003.
01/07/2003 DEFENDANT, Exhibit#19, REPORT, Adm w/o obj on 01/07/2003.
01/07/2003 DEFENDANT, Exhibit#20, OFFICER LOWELL WOODMAN'S NOTES, Adm w/o obj on 01/07/2003.
06/26/2003 STATE#1, Exhibit#1, PHOTO OF INTERIOR OF CAR (DRIVER'S SIDE), Adm w/o obj on
06/26/2003.
06/26/2003 STATE#1, Exhibit#2, PHOTO OF INTERIOR FRONT OF CAR, Adm w/o obj on 06/26/2003.
06/26/2003 STATE#1, Exhibit#3, PHOTO OF INTERIOR OF CAR, Adm w/o obj on 06/26/2003.
06/26/2003 STATE#1, Exhibit#4, PHOTO OF INTERIOR OF CAR, Adm w/o obj on 06/26/2003.
06/26/2003 STATE#1, Exhibit#5, PHOTO OF PASSENGER SIDE OF INTERIOR CF CAR, Adm w/o obj on
06/26/2003.
06/26/2003 STATE#1, Exhibit#6, PANEL FROM DEFENDANT'S CAR, Adm w/o obj on 06/26/2003.
06/26/2003 STATE#1, Exhibit#7, PANEL FROM DEFENDANT'S CAR WITH CLAMP, Adm w/o obj on
06/26/2003.
06/26/2003 STATE#1, Exhibit#8, PHOTO OF PASSENGER EXTERIOR SIDE OF CAR, Adm w/o obj on
06/26/2003.
06/26/2003 STATE#1, Exhibit#9, PHOTO OF BACKPACK, Adm w/o obj on 06/26/2003.
06/26/2003 STATE#1, Exhibit#10, PHOTO OF EXTERIOR REAR OF CAR, Adm w/o obj on 06/26/2003.
06/26/2003 STATE#1, Exhibit#11, ENVELOPE - LEGAL SIZE#10, WHITE WITH SMALL PLASTIC BAGS, Adm
over obj on 06/26/2003.
06/26/2003 STATE#1, Exhibit#12, BROWN ENVELOPE WITH RAZOR BLADE, PLASTIC DISPENSER, BAGS, Adm
over obj on 06/26/2003.
06/26/2003 STATE#1, Exhibit#13, ELECTRONIC SCALE, Offered on 06/26/2003.
06/26/2003 STATE#1, Exhibit#14, ENVELOPE WITH BLADE, Offered on 06/26/2003.
06/26/2003 STATE#1, Exhibit#15, PHOTO - DIGITAL SCALE, Excluded on 06/26/2003.
06/26/2003 STATE#1, Exhibit#16, PHOTO - DIGITAL BAGS, Excluded on 06/26/2003.
06/26/2003 STATE#1, Exhibit#17, DIGITAL PHOTO BAGS, Excluded on 06/26/2003.
06/26/2003 STATE#1, Exhibit#18, BAGGIES OF COCAINE, Adm over obj on 06/26/2003.
06/26/2003 STATE#1, Exhibit#19, LARGE KNIFE WITH KNUCKLES, Offered on 06/26/2003,
06/26/2003 STATE#1, Exhibit#19-A, PHOTO OF KNIFE, Offered on 06/26/2003.
06/26/2003 STATE#1, Exhibit#20, FOLDING KNIFE, Adm over cbj on 06/26/2003.
06/26/2003 STATE#1, Exhibit#20-A, PHOTO OF FOLDING KNIFE, Adm over obj on 06/26/2003.
06/26/2003 STATE#1, Exhibit#21, PHOTO OF EXTERIOR PASSENGER SIDE OF CAR, Adm w/o obj on
06/26/2003.
06/26/2003 STATE#1, Exhibit#22, PHOTO OF EXTERIOR FRONT OF CAR, Adm w/o obj on 06/26/2003.
06/26/2003 STATE#1, Exhibit#23, PHOTO OF CAR TRUNK, Adm w/o obj on 06/26/2003.
06/26/2003 STATE#1, Exhibit#24, PHOTO OF BACKSEAR OF CAR, Adm w/o obj on 06/26/2003,
06/26/2003 STATE#1, Exhibit#25, INVENTORY SHEET, Adm w/o obj on 06/26/2003.
06/26/2003 STATE#1, Exhibit#26, CHEMISTS REPORT, Adm over obj on 06/26/2003.
06/26/2003 STATE#1, Exhibit#27, CHEMISTS REPORT, Adm over obj on 06/26/2003.
06/26/2003 STATE#1, Exhibit#28, LIST OF ITEMS RETURNED TO JESSICA SEVERANCE, Adm over obj on
: 06/26/2003.
06/26/2003 STATE#1, Exhibit#29, WRITTEN AUTHORIZATION FROM DEFENDANT TO RELEASE CAR, Adm over
Page 9 of 10 Printed on: 04/27/2005
A TRUE COPY
ATTEST:
ALPHONSO ¢C JOHNSON
AUGSC-CR-2002-00274
DOCKET RECORD
obj on 06/26/2003.
06/26/2003 STATE#1, Exhibit#30, PAGE 199 OF TRANSCRIPT, Adm over obj on 06/26/2003.
06/26/2003 DEFENDANT#1, Exhibit#6, PHOTO OF TURNAROUND (CIVIC CENTER DRIVE AREA), Adm w/o obj
on 06/26/2003.
06/26/2003 DEFENDANT#1, Exhibit#7, SIMILAR TC EXHIBIT #6, Adm w/o obj on 06/26/2003.
06/26/2003 DEFENDANT#1, Exhibit#8, SIMILAR TO EXHIBIT #6, Adm w/o obj on 06/26/2003.
06/26/2003 DEFENDANT#1, Exhibit#10, PHOTO, Not Offered on 06/26/2003.
06/26/2003 DEFENDANT#1, Exhibit#11, ARREST REPORT, Excluded on 06/26/2003.
06/26/2003 DEFENDANT#1, Exhibit#12, YELLOW PAPER DRAWING, Adm w/o obj on 06/26/2003.
06/26/2003 DEFENDANT#1, Exhibit#13, COPY OF AFFIDAVIT OF OFFICER CLARK, Not Offered on
06/26/2003.
06/26/2003 DEFENDANT#1, Exhibit#14, CONSOLE ASSEMBLY DIAGRAM, Not Offered on 06/26/2003.
06/26/2003 DEFENDANT#1, Exhibit#15, INSTRUMENT PANEL DIAGRAM, Not Offered on 06/26/2003.
06/26/2003 DEFENDANT#1, Exhibit#16é, INSTRUMENT PANEL COVER, Excluded on 06/26/2003.
06/26/2003 DEFENDANT#1, Exhibit#17, PHOTC-CAR INTERIOR GEAR SHIFT, Adm w/o obj on 06/26/2003.
06/26/2003 DEFENDANT#1, Exhibit#18, SEAN PORTER'S REPORT, Not Gffered on 06/26/2003.
06/26/2003 DEFENDANT#1, Exhibit#19, STATEMENT OF DETECTIVE HENDERSON, Not Offered on
06/26/2003.
06/26/2003 DEFENDANT#1, Exhibit#20, CELL PHONE LIST, Adm over obj on 06/26/2003.
06/26/2003 DEFENDANT#1, Exhibit#21, PACKET OF PAPERWORK, Not Offered on 06/26/2003.
06/26/2003 DEFENDANT#1, Exhibit#22, STATE LAB TEST, CERTIFICATE OF DRUG ANALYSIS, Not Offered
on 06/26/2003.
06/26/2003 DEFENDANT#1, Exhibit#23, NOTES BY OFFICER WOODMAN, Excluded on 06/26/2003.
06/26/2003 DEFENDANT#1, Exhibit#24, NOTIES BY OFFICER WCODMAN, Excluded on 06/26/2003.
06/26/2003 DEFENDANT#1, Exhibit#25, PAGE 1 OF OFFICER HENDERSON'S REPORT, Not Offered on
06/26/2003.
06/26/2003 DEFENDANT#1, Exhibit#26, PAGE 1 OF RONALD HENDERSON'S REPORT OF INTERVIEW OF
JESSICA SEVERANCE, Not Offered on 06/26/2003.
06/26/2003 DEFENDANT#1, Exhibit#27, PHOTC OF PASSENGER'S SIDE INTERIOR OF CAR, Adm over obj on
06/26/2003.
06/26/2003 DEFENDANT#1, Exhibit#26, PHOTO OF BACKSEAT OF CAR, Adm w/o obj on 06/26/2003.
06/26/2003 DEFENDANT#1, Exhibit#29, PHOTO OF BACKSEAT ON DRIVER'S SIDE, Adm w/o obj on
06/26/2003.
06/26/2003 DEFENDANT#1, Exhibit#30, OFFICER KEATON'S NOTES (2 PAGES), Not Offered on
06/26/2003.
06/26/2003 DEFENDANT#1, Exhibit#31, PHOTC OF CAR, Not Offered on 06/26/2003.
06/26/2003 DEFENDANT#1, Exhibit#32, TITLE APPLICATION, Adm w/o obj on 06/26/2003.
Clerk
Page 10 of 10 Printed on: 04/27/2005