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Singleton v. State

The defendant's sentence for possessing 200 or more grams of cocaine was within the maximum sentence for the offense and therefore not invalid or illegal.

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Henry Singleton was convicted of trafficking in cocaine and fleeing and attempting to elude a law enforcement officer. He appeals following the denial of his motion for new trial. Construed to support the verdict, as we must on appeal, the evidence showed that Sergeant Paul Preston of the Kingsland Police Department stopped the van Singleton was riding in for a tag light violation. In addition to Lawrence Dash, who was driving, and Singleton, who was riding in the back bench seat alone, there were two other passengers in the vehicle. At one point during the stop, Preston shined his flashlight into the vehicle for his safety. He noticed a blue Wal-Mart bag beside Singleton’s foot and testified that Singleton appeared to be pushing the bag away along the floor but that when Singleton saw his light, Singleton stopped and pulled his foot away from the bag. Preston found Singleton’s behavior “odd” and based on that and other observations during the stop, which primarily concerned things said and done by Dash and the other passengers, he called for back-up.

After Preston issued the citation for the non-illuminated tag light, he asked Dash for permission to walk his drug detection canine around the vehicle, and Dash consented. The dog alerted at the rear door seam of the van, in “exactly the area where Singleton was seated . . . and where the Wal-Mart bag was located on the floor.”

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