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Deliver of a Controlled Substance 1st Degree Felony

Charge Faced: Deliver of a Controlled Substance

Case Result: Not Guilty

Derrick was on felony probation for Possession of a Controlled Substance (PCS) and was subsequently charged with Delivery of a Controlled Substance, a 1st degree felony.  He was looking at life in prison.  There was an undercover sting at his house, and an officer testified that Derrick sold drugs to her, face to face.  At trial, the undercover officer tried to downplay the amount of light in the house and the amount of face-to-face time she had with Derrick.  It was darker and the meeting was shorter with her sworn testimony than in her police report.  Since this was undercover, there was no body cam video.  She was adamant that Derrick was the one who sold her the drugs during the trial.  She had a probable cause affidavit that described Derrick, and he was wearing a muscle shirt with no sleeves.  One major aspect was missing in her description, all his tattoos.  The Officer claimed it was the poor lighting and Derrick was black, thus making it difficult to see the tattoos, and she was focused on his face.  The jury found Derrick Not Guilty.

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