Covin v. State

The defendant entered his guilty plea knowingly and voluntarily on the second day of trial, after his co-defendant announced his intent to plead guilty and the state rested its case.

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Appellant Dexter Covin was charged with trafficking in cocaine and two counts of obstruction of an officer. Covin retained counsel, plead not guilty and proceeded to a trial by jury. On the second day of trial, after the State had rested its case and after co-defendant Tony Lynn Lowe announced his intent to plead guilty, Covin changed his plea and entered a negotiated plea of guilty to the lesser included offense of possession of cocaine with the intent to distribute and to the two counts of obstruction of an officer. Approximately one month later, Covin filed a motion to withdraw his guilty plea, which was denied by the trial court. He appeals the trial court’s denial of his motion to withdraw. We find no error and affirm. As a threshold matter, we note the evidence at trial provided the trial court with a sufficient factual basis for entry of the guilty plea. Evidence at trial showed that a Henry County police officer stopped an automobile driven by co-defendant Lowe for traffic violations. While the officer was talking to co-defendant Lowe, Covin exited the automobile and ran away. The officer chased after Covin and saw that Covin was carrying a small white bag. As the officer approached Covin, Covin tore open the bag and its contents, a white powdery substance, began to spill.

When the officer reached Covin, Covin threw the bag on the ground and attacked the officer with his fists. The officer was able to subdue Covin, but when another officer arrived, Covin again became combative and kicked the other officer. The two officers then wrestled Covin to the ground and placed him under arrest. The bag which Covin had been carrying contained 950.1 grams of cocaine with 76.3 percent purity.

Covin v. State

The defendant entered his guilty plea knowingly and voluntarily on the second day of trial, after his co-defendant announced his intent to plead guilty and the state rested its case.

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