Lambert v. State, 011619 AKCA, A-12355

Docket Nº:A-12355
Opinion Judge:ALLARD Judge
Party Name:JASON MICHAEL LAMBERT, Appellant, v. STATE OF ALASKA, Appellee.
Attorney:Michael Barber, Barber Legal Services, Boston, Massachusetts, under contract with the Office of Public Advocacy, Anchorage, for the Appellant. Eric A. Ringsmuth, Assistant Attorney General, Office of Criminal Appeals, Anchorage, and Jahna Lindemuth, Attorney General, Juneau, for the Appellee.
Judge Panel:Before: Mannheimer, Chief Judge, and Allard, Judge.
Case Date:January 16, 2019
Court:Court of Appeals of Alaska
 
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JASON MICHAEL LAMBERT, Appellant,

v.

STATE OF ALASKA, Appellee.

No. A-12355

Court of Appeals of Alaska

January 16, 2019

UNPUBLISHED See Alaska Appellate Rule 214(d)

Appeal from the Superior Court, Third Judicial District, No. 3AN-13-7502 CR Anchorage, Michael L. Wolverton, Judge.

Michael Barber, Barber Legal Services, Boston, Massachusetts, under contract with the Office of Public Advocacy, Anchorage, for the Appellant.

Eric A. Ringsmuth, Assistant Attorney General, Office of Criminal Appeals, Anchorage, and Jahna Lindemuth, Attorney General, Juneau, for the Appellee.

Before: Mannheimer, Chief Judge, and Allard, Judge.

MEMORANDUM OPINION

ALLARD Judge

Jason Michael Lambert appeals his conviction for misconduct involving a controlled substance in the third degree for possessing methamphetamine with intent to distribute. Lambert argues that the trial court abused its discretion in admitting aspects of the testimony given by two Anchorage police officers. For the reasons explained in this opinion, we reject these arguments and affirm Lambert's conviction.

Facts and proceedings

In July 2013, Anchorage Police Department Officer Francis Stanfield was parked in a McDonald's parking lot watching for drug activity. Officer Stanfield observed a man later identified as Jason Michael Lambert participate in what Stanfield believed was a drug buy. Stanfield saw a man exit an SUV and get into the rear passenger seat of a pickup truck in which a male driver (Lambert) and a female passenger were sitting. From the back seat, the man reached forward with a closed hand and gave something to Lambert. Lambert then handed something to the man, also with a closed hand. The man exited the pickup truck and returned to the SUV.

Officer Stanfield then radioed the pickup truck's description to another nearby officer, Officer Seth McMillan. Soon thereafter, Officer McMillan stopped Lambert's truck about a mile from the McDonald's. As a result of this stop, McMillan found 1.5 grams of methamphetamine in a baggie on Lambert's person. He also discovered in the vehicle a methamphetamine pipe, additional small plastic baggies, a drug...

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