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Bragg v. State

Court of Appeals of Arkansas, Division III

September 7, 2016

ANTHONY L. BRAGG APPELLANT
v.
STATE OF ARKANSAS APPELLEE

         APPEAL FROM THE BOONE C OUNTY CIRCUIT COURT [NO. 05CR-15-43] HONORABLE JOHN R. PUTMAN, JUDGE

          Charles D. Hancock, for appellant.

          Leslie Rutledge, Att'y Gen., by: Pamela Rumpz, Ass't Att'y Gen., for appellee.

          BART F. VIRDEN, JUDGE

         Appellant Anthony Bragg entered a conditional guilty plea to several felony drug offenses and a firearms offense in the Boone County Circuit Court. On appeal, Bragg argues that the trial court erred in denying his motion to suppress evidence on the basis that the affiant included false statements in the affidavit for a search warrant. We find no error and affirm.

         I. Background

         On January 23, 2015, Robert Williams gave the Boone County Sheriff's Office a handwritten statement that

I had my maintenance man called to come fix my fan that broke[.] [H]e came into my house an[d] proceed[ed] to fix the fan but he didn't have the right piece[.] [B]efore he left he pulled a black pouch out of his front shirt pocket[, ] opened it up[, and] pulled [out] a big bag of what I believe was meth an[d] asked me an[d] my [fiancée] [if] we wanted some[.] I told him he needed to leave an[d] when I said that he pulled a gun an[d] said ["]I guess this don't need to be talked about again["] an[d] then he left so I got me[, ] my [fiancée, and] our 10 month old an[d] left to come to the police because we are scared for our lives[.]

         In an affidavit to establish probable cause and grounds for issuance of a search warrant, Coordinator Robert Braden with the Fourteenth Judicial District Drug Task Force provided the following facts:

That on Friday January 23rd, 2015, Robert Williams, resident at [redacted] in Omaha Arkansas otherwise known as State Line RV Park, went to the Boone County Sheriff's Office and reported an incident involving Anthony Bragg, maintenance man at the State Line RV Park. Williams made a report with Deputy Robert Cutburth of the Boone County Sheriff's Office.
Affiant Robert Braden of the 14th Judicial Drug Task Force spoke to Williams on the phone and received a description of the handgun along with a recap of the incident.
Williams gave the following statement: On Friday January 23rd, 2015, he had requested maintenance come to his residence to repair his fan. Williams stated maintenance man Anthony Bragg came to his residence but did not have the part to fix the fan. While there Bragg removed a black pouch from his front shirt pocket.
Bragg opened the pouch and showed Williams a one gallon size zip-loc bag half full of a white crystalline substance he believed to be methamphetamine. Bragg offered some of the substance to Williams at which time Williams refused and told Bragg he needed to leave the residence. Bragg pulled a black semi-auto pistol from his right front pocket and stated "I guess this don't need to be talked about again." Bragg then left the residence.
Williams stated he felt threatened by the actions of Bragg and immediately brought his family to the Boone County Sheriff's Office to report the incident.

         A judge issued the search warrant, and it was executed by Braden and several other officers. Bragg's home, vehicle, and a nearby shed were searched, and several incriminating items were seized. The State charged Bragg with possession of methamphetamine with intent to deliver, possession of firearms by certain persons, possession of drug paraphernalia, and possession of marijuana. Bragg filed a motion to suppress evidence alleging, ...


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