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
1 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
substance - methamphetamine. 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.
2 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.
3 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.
4 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.
5 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
6 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.
7 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.
8 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 case."
9 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 speculate.
10 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.
11 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 automobile crash.
12 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.
13 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
14 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
15 At trial, the prosecutor qualified a CBI forensic
scientist as an expert in serology and DNA. This expert
testified as follows:
. the hat and gloves recovered from the
Pontiac's back seat both contained a DNA mixture, and the
major component of the mixture matched Yeadon's DNA
. the airbag contained a DNA mixture from
more than one individual; and
. the major component of the mixture on the
airbag matched Yeadon's DNA ...