Tyrone Johnson v. State of Arkansas
Annotate this Case
Download PDF
NOT DESIGNATED FOR PUBLICATION
DIVISION II
CACR07260
TYRONE JOHNSON
November 14, 2007
APPELLANT
V.
APPEAL FROM THE PULASKI
COUNTY CIRCUIT COURT
[NO. CR20051899]
STATE OF ARKANSAS
HON. CHRIS PIAZZA,
CIRCUIT JUDGE
APPELLEE
AFFIRMED
Tyrone Johnson was convicted in a Pulaski County jury trial of felony possession of
drug paraphernalia, and he was sentenced to twenty years’ imprisonment in the Arkansas
Department of Correction and fined $10,000. On appeal, Johnson argues (1) that his
conviction for felony possession of drug paraphernalia is void as a matter of law because the
trier of fact found him not guilty of the underlying felony charge of possession of cocaine
with intent to deliver; and (2) that the trial court erred in denying his motion to instruct the
jury at sentencing only on misdemeanor possession of drug paraphernalia. We affirm.
Johnson was charged with three felonies: possession of cocaine with the intent to
deliver, possession of marijuana with intent to deliver, and possession of drug paraphernalia
while in the course of and furtherance of a felony drug offense. At the close of the State’s
caseinchief, the trial court granted Johnson’s directed verdict on the marijuana charge and
reduced it to misdemeanor possession. The trial court, however, refused to reduce the
paraphernalia charge to a misdemeanor. The jury was unable to reach a verdict on the
cocaine and marijuana possession charges, but convicted Johnson of felony possession of
drug paraphernalia.
Johnson first argues that his conviction of felony possession of drug paraphernalia is
void as a matter of law because the trier of fact found him not guilty of the underlying felony
charge of possession of cocaine with intent to deliver. He asserts that this case presents a
question of first impression, and he urges this court to apply the same reasoning that is used
when felony murder cases are reviewed—that his possession of the paraphernalia must be
found to be in furtherance of the felony cocaine possession charge. Further, Johnson
contends that a conviction of felony possession of drug paraphernalia cannot stand alone, and
therefore, this court should reduce his conviction to a misdemeanor and remand this case for
resentencing. We find this argument unpersuasive.
First, in White v. State, 98 Ark. App. 366, ___ S.W.3d ___ (2007), a case handed down five
days before Johnson filed his brief, we specifically rejected an argument that we apply felony
murder analysis to felonydrugparaphernaliapossession cases. We stand by that precedent.
Second, we disagree with Johnson’s assertion that his conviction for felonydrugparaphernalia
possession cannot stand alone, independent of a conviction for felonydrug possession. It is settled
law that a defendant may not attack the inconsistency of verdicts on separate charges because the
finder of fact is “free to exercise its historical power of lenity if it believes that a conviction on one
count would provide sufficient punishment.” Bridges v. State, 327 Ark. 392, 938 S.W.2d 561
(1997) (quoting Jordan v. State, 323 Ark. 628, 917 S.W.2d 164 (1996)). Here the jury’s instruction
2
CA07260
on the paraphernalia charge included the element that Johnson must be found to have possessed
1
cocaine beyond a reasonable doubt. The fact that the jury was deadlocked on the separate
possession of cocaine charge is therefore of no moment.
For his second point, Johnson argues that because he could not have been convicted of
felonydrugparaphernalia possession, the trial court erred in instructing the jury on the felony
sentencing range for his conviction. But, because we have affirmed his felony conviction, this
argument is moot.
Affirmed.
GLOVER and MILLER, JJ., agree.
1
The jury was instructed as follows:
Tyrone Johnson is charged with the offense of unlawfully possessing
drug paraphernalia during the commission of possession of a controlled
substance.
As part of this charge, the State contends that Tyrone Johnson
committed possession of a controlled substance cocaine. To prove this, the
State must prove beyond a reasonable doubt that Tyrone Johnson possessed
a controlled substance, cocaine. The State must prove beyond a reasonable
doubt that Tyrone Johnson knowingly used or possessed with the intent to
use drug paraphernalia to process, prepare, or weigh cocaine in the course
of and in the furtherance of possession of a controlled substance, cocaine.
And drug paraphernalia means all equipment, products, materials of
any kind which are used, intended to use, or designed to use in planting,
propagating, cultivating, growing, harvesting, processing, preparing, testing,
analyzing, packing, repacking, storing, containing, concealing, injection,
ingestion, inhaling, or otherwise introducing into the human body a
controlled substance.
3
CA07260
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.