Finney v. State

The appellant, Lakeisha Shaurelle Finney, 1 was convicted of three counts of trafficking in marijuana, violations of § 13A-12-231(1), Ala. Code 1975 (cases no. CC-98-1688, no. CC-98-1689, and no. CC-98- 1691), and one count of trafficking in cocaine, a violation of § 13A-12- 231(2), Ala. Code 1975 (case no. CC-98-1690). She was sentenced to 15 years' imprisonment for each conviction; the sentences were split, and she was ordered to serve 3 years in confinement followed by 5 years on probation. The court ordered that the sentences in cases no. CC-98-1688 and no. CC-98-1689 were to run concurrently with each other, and the sentences in cases no. CC-98-1690 and no. CC-98-1691 were to run concurrently with each other and consecutive to the concurrent sentences in cases no. CC-98-1688 and no. CC-98-1689. 2 The evidence adduced at trial indicated the following. In April 1998, Finney and her husband, Jasper Finney (hereinafter ""Jasper"") were under investigation for suspected involvement in the Tuscaloosa drug trade. Agent Michael Acker of the Tuscaloosa Police Department, who was assigned to the West Alabama narcotics squad, used a confidential informant, Gregory Kulp, to purchase narcotics from the Finneys. Kulp, who had purchased about two pounds of marijuana per week from Jasper during the previous six months, had agreed to help Agent Acker in exchange for dropping pending possession-of-marijuana charges against him. Kulp normally set up his transactions with the Finneys by telephoning Jasper on Jasper's cellular telephone to arrange a time for the transaction. He would then go to the Finneys' residence, where he would give money to Finney and pick up the narcotics. On occasion, he would place his order directly with Finney, rather than with Jasper.