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Gates v. State

An officer's testimony that he made two probable cause purchases of crack cocaine from defendant's residence when in fact a confidential informant made the purchases, did not demand a finding of prosecutorial misconduct.

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Following a bench trial, the trial court found Jarmenn Gates guilty of possession of cocaine with intent to distribute. On appeal Gates raises four issues: i prosecutorial misconduct, ii ineffective assistance of counsel, iii his failure to knowingly and intelligently waive his right to a jury trial, and iv the insufficiency of the evidence. For the reasons set forth below, we affirm.

On appeal from a criminal conviction, the defendant no longer enjoys the presumption of innocence, and we view the evidence in the light most favorable to the jury’s verdict.1 So viewed, the evidence shows that police officers executed a search warrant on a house in LaGrange following a cocaine purchase at the address. The officers found a man and a juvenile, C. H., on the front porch. Jarmenn Gates was in the living room when the officers arrived, and he ran towards the back door. Police seized Gates in the kitchen and found five bags of crack cocaine on the floor in the path Gates had taken to flee. C. H. told police that more cocaine was hidden outside. In the woods behind the house, police found a container with crack cocaine packaged in baggies similar to those found inside. C. H. told police that the crack cocaine hidden outside in the woods belonged to Gates.

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