McGee v. State
McGee v. State
Opinion
The appellant, Donnell McGee, was convicted of the unlawful distribution of a controlled substance, cocaine, a violation of §
The state's evidence tended to show that on March 14, 1991, Officer James Taggart, Jr., of the Tuscaloosa Sheriff's Department, was working undercover as a narcotics agent in Dothan, Alabama. He was in a van with a confidential informant driving around West North Street when a man on a bicycle, later identified as Robert Gene Russaw, approached him about buying some crack cocaine. Taggart and Russaw agreed on a $30 purchase price for some cocaine and then Russaw crossed the street on his bicycle and approached a person, later identified as the appellant, on the other side of the road. The appellant handed Russaw some cocaine and Russaw then came back over to Taggart and handed him the cocaine. Taggart then gave Russaw the money for the cocaine and Russaw went back across the street and handed the money to the appellant.
"A person commits the crime of unlawful distribution of controlled substances if . . . he sells, furnishes, gives away, manufactures, delivers or distributes a controlled substance. . . ."
If an individual participated in the sale of a controlled substance then he may be found guilty of distributing a controlled substance. Haywood v. State,
When this court reviews an issue concerning the sufficiency of the evidence, we must view the evidence in the light most favorable to the state. Colvette v. State,
As the state correctly argues in its brief, this same issue was addressed by this court in Hyter v. State,
"The appellant argues that the trial court erred by charging the jury on accomplice law because the appellant was allegedly denied due process as he was not notified of the 'separate' accomplice charge. Apparently, the appellant is alleging that the trial court charged him with an offense for which he had not been indicted, by charging the jury on the complicity statute, § 13-2-23, Code of Alabama (1975). However, 'one indicted as the actual perpetrator of a crime may be convicted of such upon proof of a conspiracy although not charged with such.' Kendrick v. State,
377 So.2d 1112 ,1114 (Ala.Cr.App. 1979), writ denied,377 So.2d 1114 (Ala. 1979), citing Stoley v. State,254 Ala. 534 ,541 ,49 So.2d 284 (1951); Watkins v. State,357 So.2d 156 (Ala.Cr.App.), cert. denied,357 So.2d 161 (Ala. 1978)."
545 So.2d at 197. The appellant was not denied his due process rights by the court's instruction on complicity.
The appellant also contends that it was error for the trial court not to instruct the jury on the exceptions to the complicity statute. However, this specific objection was not brought to the attention of the trial court. The only objection concerning complicity was that the court should not have given the instruction. Nothing further was said. Specific grounds for objections waive all others not specified. Rika v.State,
The record shows that the appellant was sentenced to seven years which was enhanced an additional five years because the sale occurred within three miles a school. §
"In addition to any penalties heretofore or hereafter provided by law for any person convicted of an unlawful sale of a controlled substance, there is hereby imposed a penalty of five years incarceration in a state corrections facility with no provision for probation if the situs of such unlawful sale was on the campus or within a three-mile radius of the campus boundaries of any public or private school, college, university or other educational institution in this state."
(Emphasis added.)
Section
"In addition to any penalties heretofore or hereafter provided by law for any person convicted of an unlawful sale of a controlled substance, there is hereby imposed a penalty of five years incarceration in a state corrections facility with no provision for probation if the situs of such unlawful sale was within a three-mile *Page 347 radius of a public housing project owned by a housing authority."
(Emphasis added.)
"[W]e believe that the legislature clearly intended to protect these areas . . . from the evils associated with drug activities," Qualls v. State,
REMANDED WITH DIRECTIONS.
All the Judges concur.
Reference
- Full Case Name
- Donnell McGee v. State.
- Cited By
- 17 cases
- Status
- Published