State v. Kinkead

Appeal From: Circuit Court of Jefferson County, Hon. Gary P. Kramer Opinion Vote: REVERSED AND REMANDED. All concur. Opinion PER CURIAM 1 Appellant Dallas Kinkead (Kinkead) was convicted of possession of a controlled substance in violation of section 195.202, RSMo 1994. He was tried, found guilty, and sentenced to three years in the custody of the Missouri Department of Corrections. Kinkead appeals, alleging the trial court erred in denying his motion to suppress methamphetamine discovered during the police officer's search incident to arrest. Kinkead alleges the evidence must be excluded because the officer did not have probable cause to arrest him. The state concedes error in its motion to reverse and requests a remand for a new trial. Following opinion by the court of appeals, that court granted transfer. Rule 83.02; Mo. Const. art. V, sec. 10. The judgment is reversed, and the cause is remanded.