 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
George v. Commonwealth5/30/2003
NOT TO BE PUBLISHED
OPINION AFFIRMING
Richard E. George has appealed from the final judgment and sentence entered by the Nicholas Circuit Court on December 20, 2001, which convicted him of two counts of trafficking in a controlled substance in the first degree (cocaine) and sentenced him to prison for a term of 10 years. Having concluded that the trial court's failure to sua sponte admonish the jury as to the limited admissibility of George's prior DUI convictions did not constitute a palpable error warranting review under RCr 10.26 and that the evidence presented at trial was sufficient to support the convictions, we affirm.
On July 18, 2001, a Nicholas County grand jury returned an indictment against George charging him with two counts of trafficking in a controlled substance in the first degree. The two charges stemmed from two alleged "controlled buys" that took place between George and a confidential informant, Perry Feeback, on March 22 and 23, 2000, in the parking lot of Barlow's Bar, which is located in Morefield, Kentucky. Feeback was working under the supervision of Kentucky State Police Trooper Joey Johnson on both occasions and after each buy, Feeback rendezvoused with Trooper Johnson and provided him with the cocaine he had purchased and a tape recording of the transaction.
At the trial on November 29, 2001, Trooper Johnson testified that while he was working as an undercover officer during March 2000, Feeback had volunteered to assist the police in an effort to minimize his punishment on some criminal charges pending against him related to domestic violence. Trooper Johnson stated that after he verified Feeback's knowledge of the drug culture in Nicholas County, he asked Feeback to participate in a "controlled buy" in the Morefield area.
Trooper Johnson testified that he met with Feeback in Carlisle, Kentucky, on the evening of March 22, 2000. He testified that he searched Feeback, a woman who was driving for Feeback due to his loss of his driver's license from a DUI conviction, and the car she was driving for contraband. Trooper Johnson then gave Feeback a tape recorder and a $100.00 to purchase cocaine and followed him back to Morefield. Trooper Johnson testified that he followed Feeback and watched the vehicle Feeback was riding in pull into the parking lot at Barlow's. Trooper Johnson claimed that he then proceeded to a nearby church, where he parked his car and waited for Feeback. When Feeback subsequently met Trooper Johnson at the church parking lot, he gave him the tape recorder and a small bag of cocaine. Trooper Johnson stated that he then searched Feeback and told him to meet him in Carlisle. Trooper Johnson explained that after he met Feeback in Carlisle, they discussed the transaction in detail, after which Feeback agreed to participate in another "controlled buy" the following evening.
Trooper Johnson testified that the second "controlled buy" was very similar to the first buy except for the meeting places and the fact that he gave Feeback $200.00 for the second purchase. Trooper Johnson testified that on the evening of March 23, 2000, he met with Feeback and his same driver and searched them and their vehicle. He followed the vehicle and watched it pull into Barlow's parking lot, just as he had done the previous night. Trooper Johnson then proceeded to a nearby funeral home, where he parked his car and waited for Feeback. Trooper Johnson testified that shortly thereafter Feeback met him and gave him the tape recorder and two small bags of cocaine. Trooper Johnson conceded that he did not witness either transaction.
Feeback's testimony was consistent with Trooper Johnson's account of the events t
Page 1 2 3 4 5 Kentucky DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|