Houston man guilty in drug dealing case
By BARRY HALVORSON news@leader-news.com

A Houston man will have to wait almost two months to learn how long he will have to spend behind bars after a Wharton County jury needed only 25 minutes to find him guilty on three felony drugrelated charges.

District Court Judge Randy Clapp set the punishment hearing for Llewellyn Scott, 31, for May 16 after his conviction for possession of a controlled substance, codeine; possession with intent to deliver, Xanax; and tampering with physical evidence. A pre-sentence investigation will be conducted prior to sentencing.

An additional charge of possession of a controlled substance, Xanax, was dropped by Clapp because of the intent charge.

"When someone is convicted of the higher (intent charge) then the lesser charge is dropped," Assistant District Attorney Ross Kurtz said. Kurtz was the lead prosecutor in the case.

The only defense witness brought to the stand was Scott. He testified against the recommendation of Wharton attorney Mark Racer, who was appointed as Scott's defense attorney.

Under questioning from Racer, Scott denied any connection to the drugs but did admit to having five previous convictions, of having been in possession of marijuana at the time and being employed in selling fraudulent Air Jordan shoes and Gucci handbags.

He also produced a letter from his girlfriend, Tamira Holly, stating the Xanax and any other contraband found in the car belonged to her.

In his closing, Racer said reasonable doubt existed on the Xanax charges due to the girlfriend's letter. He also said the state had not proved the tampering charge, which claimed Scott had poured a cup containing codeine mixed with a soft drink out of the car and onto the pavement.

In his close, Kurtz addressed the tampering charge, reminding the jury it was witnessed by three DPS troopers. He also pointed out that while Scott claimed the Xanax was prescribed, the amount, some 1,500 pills, and the fact it was concealed in a false bottom container instead of a prescription bottle indicated it wasn't for personal use.

He also expressed his appreciation to Holly for the letter, saying it gave him even more evidence to work with when she comes to trial at a later date. Holly and another occupant of the vehicle, Calvin Fuller, have been indicted on the same possession and intent to distribute charges and are awaiting a trial date. A fourth person, Brittany Daniels, was also arrested on those charges at the time.

Following the jury's decision, both Racer and Kurtz declined to comment on the case. Each attorney said they would postpone comments until after the punishment had been handed down.

The charges were based on what started as a routine traffic stop on U.S. 59 around 6:30 p.m. on July 29, 2007. DPS Trooper Jose Mena made the stop in front of the DPS office in Pierce.