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Ogburn v. State

The narcotics investigator's testimony that, in his opinion, and based upon his experience and training, the evidence indicated that it was going to be used for the manufacture or distribution of methamphetamine did not invade the province of the jury or improperly express an opinion as to an ultimate fact.

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John Ogburn appeals from his convictions for attempting to manufacture methamphetamine and possession of methamphetamine with the intent to distribute. Ogburn argues that insufficient evidence supports his convictions and that the trial court erred by denying his motion in limine, violating the “continuing witness” rule, and allowing an expert witness to testify about the “ultimate question.” For the reasons set forth below, we affirm. Viewed in the light most favorable to the verdict, the record shows that police officers responded to a dispatch of a burglary in progress at 1:08 a.m. When the first officer arrived, the complainant inside the house reported that he “could still hear prying at the door.” The officer then placed Ogburn and two other people found in the back yard of the residence under arrest.

When a police officer subsequently searched Ogburn, he found 14 small knotted plastic bags containing a white powdery substance and $889 in cash. The police also located a truck on the property that was owned by Ogburn. In the back of the truck, they found a small blue plastic storage bin with no lid. Inside the bin, the officers saw 10 aerosol cans of starter fluid, and “a big pile” of 33 red blister packs and 12 white blister packs of pseudoephedrine tablets. Each blister pack contained 24 tablets for a total of 1080 tablets. The police also found a police scanner, various types of electronic scales, six pocket knives, and several empty plastic bags.

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