[Copyrighted Material Omitted]
County District Court No. 13CR2650 Honorable Craig R.
Cynthia H. Coffman, Attorney General, Brenna A. Brackett,
Assistant Attorney General, Denver, Colorado, for
Douglas K. Wilson, Colorado State Public Defender, Inga K.
Nelson, Deputy State Public Defender, Denver, Colorado, for
A jury found Gerald Adrian Yeadon guilty of driving under
restraint, failure to report an accident or return to the
scene, and possession of less than two grams of a controlled
The district court sentenced Yeadon to sixteen months in the
custody of the Department of Corrections and eleven days
later imposed a drug offender surcharge of $1250.
On appeal, Yeadon contends that (1) the prosecution presented
insufficient evidence to support his conviction for
possession; (2) certain statements made by the prosecutor
during closing argument constituted misconduct; and (3) the
district court's late imposition of the drug offender
surcharge violated his right against double jeopardy. Because
we disagree with each of Yeadon's contentions, we affirm
his judgment of conviction and sentence, but we remand for
the district court to give Yeadon the opportunity to show
that he is financially unable to pay any portion of the
surcharge. See § 18-19-103(6)(b), C.R.S. 2017.
The jury heard the following evidence. One morning, police
officers responded to a report of a rollover crash involving
a 2007 Pontiac G6. The driver had abandoned the Pontiac in a
field along a highway. A search of the vehicle identification
number revealed that the car had been reported stolen about
two weeks earlier. The officers did not find a set of keys in
the car, and the vehicle's steering column did not appear
to have been hot-wired.
The officers concluded that, earlier that morning, the
Pontiac left the highway while traveling northbound and
rolled over twice before coming to a rest. An officer
testified that, based on the tire marks, the vehicle had been
"partially airborne and traveling at a high rate of
speed." The officer noted that only the driver's
side airbag had deployed.
Inside the Pontiac, the officers observed, among other
things, a scale on the front passenger seat used to measure,
in grams, very small quantities; and a smaller baggie in a
compartment of the driver's side door, which contained a
substance later confirmed to be 0.46 grams of
An officer also found a black toiletry bag near the rear of
the vehicle that contained a pawn receipt with Yeadon's
name and birthdate on it.
The investigating detective testified that the small baggie
of methamphetamine in the driver's side door compartment
was "open to view upon approach" of the vehicle.
Although the prosecutor presented a photograph of the
driver's side door compartment to the jury, the small
baggie of methamphetamine had already been removed at the
time the picture was taken.
The detective testified that he recovered the driver's
side airbag, a baseball hat, and gloves from the back seat
during an inventory of the vehicle. He explained that he cut
out and secured the airbag because— based on his
training and experience— he believed there would be
DNA evidence on the airbag from "whoever was in the
driver's side seat of that car" at the time of the
crash. When asked why he recovered the hat and gloves, the
detective testified that "there was no one on
scene," he "needed to find out who was in that
car," and he was "looking for any type of
identifying information that [he] could use as a lead for the
When asked if a 2007 Pontiac G6 has a passenger side airbag,
the detective testified that, while he was not an expert and
did not know "a hundred percent," he "would
believe it does" based on the National Highway Traffic
Safety Administration requirements. When asked if there had
only been one person in the vehicle, the detective could only
The Pontiac's owner told the police that he thought his
ex-girlfriend, C.D., had stolen his car. The owner reported
that he and C.D. had broken up, but the car did not appear to
have been forcibly entered. C.D. possessed the only other set
of keys to the car, and the owner asked her to return the
keys the night before he reported the car stolen.
A detective who interviewed C.D. two weeks after the incident
testified that he did not observe any obvious injuries that
would have indicated C.D.'s recent involvement in an
The detective also interviewed Yeadon about two months after
the incident based on
the receipt found in the toiletry bag. The detective
testified that he did not observe any injuries to Yeadon at
the time. The prosecutor played a recording of this interview
to the jury.
During the interview, Yeadon said that he had had a prior
sexual relationship with C.D., that he believed the Pontiac
belonged to her, and that she had previously picked him up in
that car. He admitted that he had left some of his belongings
in the car, but claimed that he had not retrieved these items
because he and C.D. had ended their relationship. Yeadon also
admitted to the detective that he occasionally drove the
Pontiac, but denied both knowing that the vehicle had been in
a crash and being in the vehicle when it crashed. He told the
detective that his DNA would not be found on the driver's
The detective sent the driver's side airbag, the baseball
hat, and the gloves to the Colorado Bureau of Investigation
(CBI) for DNA testing. The detective also submitted to the
CBI a buccal swab obtained from Yeadon for comparison.
At trial, the prosecutor qualified a CBI forensic scientist
as an expert in serology and DNA. ...