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Pate v. State

The trial court erred in imposing special conditions on the defendant's parole, as parole is a matter for the Executive Branch.

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Donyell Pate appeals from the denial of his amended motion for new trial following his conviction by a jury for selling cocaine.1 Pate contends that 1 there was insufficient evidence to establish that the substance he sold was cocaine; 2 he received ineffective assistance of counsel; and 3 the trial court erred by imposing certain conditions of parole. For the reasons that follow, we affirm the conviction but vacate the sentence and remand for resentencing.

Construed in favor of the verdict,2 the evidence shows that in April 2008, an officer with a police department narcotics task force conducted a controlled narcotics purchase using a paid informant. Prior to the operation, the informant was searched and fitted with a hidden audio and video recorder. The informant arranged a meeting with Pate and, using the funds provided by police, purchased crack cocaine from Pate while police watched from a nearby location, monitoring the conversation between Pate and the informant. After the purchase, the informant met officers at a pre-arranged location, and police recovered the cocaine and bagged it for submission to the crime lab. After it was transported to an evidence locker, an officer field tested the substance, which was positive for cocaine. A forensic chemist also testified at trial, confirming the identity of the cocaine.

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