State v. Goodro

556 N.W.2d 630, 251 Neb. 311, 1996 Neb. LEXIS 232
CourtNebraska Supreme Court
DecidedDecember 13, 1996
DocketS-96-119
StatusPublished
Cited by30 cases

This text of 556 N.W.2d 630 (State v. Goodro) is published on Counsel Stack Legal Research, covering Nebraska Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Goodro, 556 N.W.2d 630, 251 Neb. 311, 1996 Neb. LEXIS 232 (Neb. 1996).

Opinion

*312 Lanphier, J.

Following a bench trial, appellant Kevin Goodro was convicted in the district court for Hall County, Nebraska, of three counts of distribution of methamphetamine and one count of possession of methamphetamine, pursuant to Neb. Rev. Stat. § 28-416 (Cum. Supp. 1994). He appealed his convictions to the Nebraska Court of Appeals, assigning as error that there was insufficient evidence to support the convictions. More specifically, Goodro alleges that the convictions were based on the uncorroborated testimony of a cooperating individual, contrary to Neb. Rev. Stat. § 28-1439.01 (Reissue 1995). We granted the State’s petition to bypass. We now determine that this assignment of error is without merit, and we affirm the judgment of the district court.

BACKGROUND

In March and April 1995, Christina S. Nyman worked as a confidential informant for Deputy Christopher Rea of the Hall County sheriff’s office. Nyman had sold methamphetamine on two occasions and was allowed to obtain dismissal of pending criminal charges by making drug “buys” for law enforcement officers. After all pending charges had been “worked off’ and therefore dismissed, Nyman received $50 for each “buy” she made.

As a confidential informant, Nyman arranged to buy methamphetamine from Steve Shum on April 6, 1995. Prior to this controlled buy, officers searched Nyman, her purse, and her car. No controlled substances were found. Nyman was equipped, prior to the purchase, with an audio transmitter (“wire”), which allowed conversations to be overheard and tape-recorded by Deputy Rea.

Nyman then went to a residence at an address provided by Shum. She met Shum at the door when he answered her knock. Nyman was then introduced to Goodro inside the residence. Upon entering, Nyman stated that she wanted to buy an “eight-ball” of methamphetamine. She gave Shum $250. According to Nyman, Shum then gave the money to Goodro. Nyman further testified that Goodro left the residence, returned, and laid the methamphetamine on a table. Shum then picked up the methamphetamine and handed it to Nyman.

*313 Nyman asked to purchase more methamphetamine that same night and arranged an additional buy with Goodro. Nyman left the residence, met with officers, turned over the methamphetamine, and obtained more money for the next buy. Nyman returned to the residence, met Goodro, and gave him the money. Nyman testified that Goodro left the residence, and then she left the residence. Nyman was given the additional methamphetamine upon her return. Nyman then arranged for a buy the next evening, April 7, 1995. Goodro gave her his name and beeper number. After Nyman left the residence, she was searched and “unwired,” and she gave the methamphetamine to an officer.

The next day, April 7, 1995, Nyman was again searched, wired, and given money by the police prior to attempting the buy. She returned to the same residence she had gone to the night before. She testified that after entering, she gave Goodro $250. Nyman, and then Goodro, left the residence. Nyman met with officers and then returned to the residence, where Goodro gave her the methamphetamine. Nyman left the residence and was subsequently searched, unwired, and relieved of the methamphetamine by the officers.

The State introduced testimony of Deputy Rea and Det. Elmer Edwards and the tape recordings of the methamphetamine purchases. Deputy Rea testified that he heard via the wire a conversation between two male voices and one female voice. He also testified that he received the methamphetamine from Nyman. The tapes of the conversations of April 6 and 7, 1995, were received into evidence over a foundational objection. Deputy Rea testified that he recognized Goodro’s voice on both tapes.

Detective Edwards assisted Deputy Rea with the surveillance operation pertaining to the alleged purchases of methamphetamine. Detective Edwards testified that on both April 6 and 7, 1995, he searched Nyman’s car prior to the buy and then followed Nyman to the residence. He testified that he watched Nyman arrive at and enter the residence and that he observed Goodro come out of the residence and leave in a van. Detective Edwards testified that he then observed Goodro returning and watched him exit the van and enter the residence. Detective *314 Edwards then observed Nyman leaving the residence, getting into her vehicle, and driving away. Detective Edwards then followed Nyman to a predesignated location set up by officers and again searched her car.

On May 21, 1995, Detective Edwards served Goodro with a warrant and advised him that he was under arrest. In response to a question by Detective Edwards, Goodro stated that he had drugs on his person and handed the detective what appeared to be methamphetamine after pulling it out of his left breast pocket.

By an information filed in the district court for Hall County on August 9, 1995, Goodro was criminally charged with three counts of distribution of methamphetamine and one count of possession of methamphetamine, pursuant to § 28-416.

Following a bench trial on October 6, 1995, Goodro was found guilty of all four charges. The court specifically found corroboration from the testimony of both Detective Edwards and Deputy Rea and also from the tapes. Goodro was sentenced to 3 to 4 years’ imprisonment on counts I, II, and III (the distribution charges) and to 12 to 14 months’ imprisonment on count IV (the possession charge). All sentences were to run concurrently.

ASSIGNMENT OF ERROR

Goodro assigns as error “[t]he sufficiency of the evidence to support the verdict on Counts I, II, and III, all Distributions of a Controlled Substance.”

STANDARD OF REVIEW

A conviction in a bench trial of a criminal case is sustained if the evidence, viewed and construed most favorably to the State, is sufficient to support that conviction. State v. Carpenter, 250 Neb. 427, 551 N.W.2d 518 (1996); State v. Masters, 246 Neb. 1018, 524 N.W.2d 342 (1994); State v. Secret, 246 Neb. 1002, 524 N.W.2d 551 (1994); State v. Hand, 244 Neb. 437, 507 N.W.2d 285 (1993).

In a bench trial of a criminal case, the trial court’s findings have the effect of a verdict and will not be set aside unless clearly erroneous. State v. Conklin, 249 Neb. 727, 545 N.W.2d 101 (1996); State v. Masters, supra; State v. Secret, supra.

*315 ANALYSIS

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Related

State v. Savage
301 Neb. 873 (Nebraska Supreme Court, 2018)
State v. Johnson
Nebraska Court of Appeals, 2014
State v. Kuta
686 N.W.2d 374 (Nebraska Court of Appeals, 2004)
State v. Johnson
627 N.W.2d 753 (Nebraska Supreme Court, 2001)

Cite This Page — Counsel Stack

Bluebook (online)
556 N.W.2d 630, 251 Neb. 311, 1996 Neb. LEXIS 232, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-goodro-neb-1996.