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Stanford v. State

Where the state served defendant's appointed counsel with notice of its intent to seek recidivist sentencing, the state was not required to serve defendant's subsequently retained counsel with an additional copy of the notice.

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Jimmy Stanford was convicted at a bench trial of trafficking in cocaine and sentenced to serve 25 years in confinement and 5 years on probation. He appeals his conviction and sentence. Stanford claims that the trial court erred by denying his motion to suppress because the informant relied upon by police did not know that Stanford had cocaine in his car. Stanford also claims that the trial court erred by sentencing him as a recidivist because the State failed to serve his attorney with notice of its intent to use prior convictions in aggravation of his sentence. Finding no error, we affirm.

At the hearing on Stanford’s motion to suppress, Michael Ray, a former narcotics investigator with the Spalding County Sheriff’s Office, testified that on June 18, 1998, at 9:00 p.m. he received a telephone call from a confidential reliable informant. Ray testified on direct examination that the informant told him that Stanford would be at the bowling alley on Bowling Lane in approximately 20 minutes, that he would be driving a very clean early 70′s model white Cadillac, and that he would be in possession of a large quantity of cocaine. On cross-examination, Ray admitted that the informant had not told him that he knew cocaine was in the car. Instead, the informant had told him that, prior to calling Ray, he had ordered cocaine from Stanford. The informant had previously told Ray that he had been buying drugs from Stanford for over a year and that Stanford had never failed to show up with the drugs. Ray testified that the informant had given him information in the past that had led to at least three arrests and one conviction for narcotics violations.

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