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Plumb v. Commonwealth

9/23/2005

ared to testify about a sale on the night of the arrest and since the bindles seized from Plumb's jacket appeared packaged for distribution. There may also have been evidence that at the time of the arrest Plumb was in possession of a large amount of cash. This evidence was not so compelling, however, as to render the earlier-sale evidence merely cumulative. Notwithstanding the arguably reduced need for the other-crime evidence, given its substantial probativeness we are not persuaded that the trial court abused its discretion by deciding to admit it.


In sum, the officer validly stopped Plumb for speeding; the Commonwealth's chain of custody adequately accounted for the cocaine seized from him; and the trial court permissibly decided to admit evidence of Plumb's prior drug sales. Accordingly, we affirm the September 8, 2004, judgment of the Fayette Circuit Court.


ALL CONCUR.






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