Agee v. State

491 So. 2d 1067, 1986 Ala. Crim. App. LEXIS 6053
CourtCourt of Criminal Appeals of Alabama
DecidedApril 22, 1986
Docket1 Div. 118
StatusPublished
Cited by2 cases

This text of 491 So. 2d 1067 (Agee v. State) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Agee v. State, 491 So. 2d 1067, 1986 Ala. Crim. App. LEXIS 6053 (Ala. Ct. App. 1986).

Opinion

TYSON, Judge.

Norman Agee, Jr. was indicted for the unlawful sale of cocaine in violation of § 20-2-70, Code of Alabama 1975. The jury found Agee “guilty as charged in the indictment.” Following a sentencing hearing the trial judge set punishment at five years’ imprisonment, ordering Agee to serve one year and one day in the penitentiary with the remainder of his sentence to be served on probation.

Leonard Martin testified that he is employed part time as a longshoreman on the New Orleans, Louisiana riverfront. However, for the past 13 years he has also been employed as a paid confidential informant for the Drug Enforcement Administration, United States Government. In the latter part of March, 1984, Martin was contacted by Cliff Brown of the Drug Enforcement Administration and he began working with the Mobile, Alabama Police Department shortly thereafter. During the time he was working with the Mobile police, some thirty arrests were made pursuant to his activity.

On April 19, 1984, Martin was in the vicinity of Virginia Street in Mobile, looking for a subject by the name of “nigger George”. (R. 11). Martin saw this appellant sitting on a porch. He approached the appellant and asked him if he knew “nigger George”. The appellant responded that he did know him, but that he did not know where he was at that time. Appellant then asked Martin what he was looking for, to which Martin responded that he was looking for some drugs. The appellant asked Martin what type of drugs and Martin told the appellant he was looking for a “pair”. (R. 11). Appellant told Martin that he had some “girl” (slang for cocaine) that he could have for $50 per half gram. (R. 12). Martin told the appellant that he would like to get some, but first he was looking for some “T’s and blues”, and that he would get back with the appellant. The appellant then gave Martin his home telephone number and the telephone number of a “barbecue place”. Appellant told Martin that he could meet him at a pool hall across the street from the “barbecue place”. Martin, along with Officer John Pruitt, who was present in a car at the scene, then went back to police headquarters to talk to Corporal Loftin about the conversation Martin had with the appellant.

After Martin informed Corporal Loftin and his superiors about the conversation [1069]*1069with the appellant, they agreed to go and buy some cocaine from the appellant. The police department supplied Martin with $50 to buy the cocaine. Martin then tried to call the appellant at home, but he was not there. He then called the “barbecue place”. Appellant’s mother answered the phone and told Martin that appellant was not there but she was expecting him. Martin and Pruitt then proceeded to the “barbecue place”, but the appellant was not there. Appellant’s mother called him at home, and appellant instructed her to tell Martin to wait across the street at the pool hall. Martin and Pruitt went to the pool hall, and the appellant arrived shortly. Appellant asked Martin what he wanted and Martin told him that he wanted a half gram. Appellant told Martin to give him a few minutes, then call him at home. Approximately 20 minutes later, Martin called the appellant. At this time appellant told Martin to meet him at Delchamps at the intersection of “Government and Catherine”. (R. 17). Martin and Pruitt proceeded to this area and, upon arrival, Martin exited Pruitt’s vehicle to look for the appellant. Martin looked inside the Delchamps store and then entered Eckerd’s Drugs to look for the appellant. At this time Pruitt came into the store. Martin and Pruitt exited Eckerd’s and located the appellant in the parking lot standing beside a white station wagon. Martin approached the appellant and asked him if everything was ready. The appellant responded that it was, and Martin started to give appellant the money. Appellant stopped him, stating that they had to take a ride. Martin told the appellant he had someone with him, pointed to Pruitt, and said that Pruitt would have to go. Appellant told Martin that Pruitt could follow them and they would take care of business. Martin explained to Pruitt what was going on, then went and got in the station wagon along with the appellant and another person. They proceeded to an apartment and upon arrival, Martin gave the appellant $50. The appellant took part of the money and gave the remainder to the other person in the car. This person then got out of the car, went into the apartment, came back out a few minutes later and handed Martin a “cellophane envelope bag which is suppose to be cocaine”. (R. 20). During the time this person went into the apartment, appellant and Martin drove up the street and back. Prior to this time all of Martin’s negotiations had been with the appellant. When Martin exited the vehicle he gave the package to Pruitt.

Martin further testified that he was paid $1,000.00 for his work with the Mobile Police Department and that he had been a heroin addict at one time.

John Pruitt testified that he was employed as a police officer with the City of Mobile. On April 19, 1984, Pruitt and Leonard Martin were working undercover narcotics and had gone out to try and “make some buys”. They were traveling in Pruitt’s vehicle. Pruitt stated that he did not recall if they were looking for anyone in particular on that day. As they were driving down Virginia Street, they stopped and Martin exited the vehicle and went to talk to the appellant, Agee, who was sitting on the porch of a house. After Martin talked to the appellant some fifteen minutes, Martin returned to the car and they drove away. They proceeded to the police station and talked with Corporal Lof-tin. Upon leaving the police station, Pruitt and Martin went to the “barbecue place” where Martin asked the appellant’s mother if appellant was there. She said that appellant was not there but that she would call him at home. Some five minutes later, appellant’s mother came to the door of the “barbecue place” and talked with Martin and Pruitt. Martin then went and telephoned the appellant who told him to wait at the pool hall across the street from the “barbecue place”. Approximately 30 minutes later the appellant and another man came to the pool hall. Martin and the appellant had a conversation, after which the appellant told them to call him again. A while later Martin made a telephone call, after which Pruitt and Martin proceeded to the Delchamps store on Government Street to wait for the appellant. Martin exited Pruitt’s vehicle and went into a drug store [1070]*1070next to Delchamps. Pruitt then saw the appellant, Agee, drive into the parking lot in a white station wagon. Pruitt then called to Martin, who went over to the appellant and talked with him. Martin then came back to Pruitt’s car, got $50, and told Pruitt to follow them. Martin then went and got in the car with the appellant and another man. They proceeded to an apartment complex where they stopped, and the man with the appellant got out of appellant’s car and entered an apartment. The appellant and Martin then drove down the street, returning in “two or three minutes”. (R. 63). The other man then came out of the apartment, got in the car with Pruitt and showed him a plastic corner of something wrapped in cellophane which had white powder in it. The appellant and Martin returned, and this man got out of Pruitt’s car and got in the appellant’s car. Martin then came back to Pruitt’s car and handed him this cellophane package.

Pruitt testified on cross-examination that he saw Martin get into the back seat of the appellant’s car. (R. 71). Martin had earlier testified that he got in the back of appellant’s car, but there were no seats, so he sat on the floor.

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Related

Fuller v. State
571 So. 2d 1285 (Court of Criminal Appeals of Alabama, 1990)
Harrell v. State
555 So. 2d 257 (Court of Criminal Appeals of Alabama, 1989)

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Bluebook (online)
491 So. 2d 1067, 1986 Ala. Crim. App. LEXIS 6053, Counsel Stack Legal Research, https://law.counselstack.com/opinion/agee-v-state-alacrimapp-1986.