State v. Dowey, 1742
| Decision Date | 11 November 1991 |
| Docket Number | No. 1742,1742 |
| Citation | 307 S.C. 69,413 S.E.2d 848 |
| Parties | The STATE, Respondent, v. Robert Edwin DOWEY, Appellant. . Heard |
| Court | South Carolina Court of Appeals |
Douglas S. Strickler, Columbia, for appellant.
Atty. Gen. T. Travis Medlock, Asst. Attys. Gen., Harold M. Coombs, Jr., and Miller W. Shealy, Jr., and Chief Deputy Atty. Gen., Cameron Currie, Columbia, for respondent.
A jury found Robert Edwin Dowey guilty of trafficking in cocaine. The court sentenced him to twenty-five years imprisonment and a $200,000 fine. Dowey appeals, claiming the prosecution violated his right not to be put twice in jeopardy for the same offense. We affirm.
The indictment alleged that Dowey was guilty of trafficking in cocaine in that he did
from ... May 1986 up to late July 1986, knowingly, unlawfully and willfully conspire ... with Rex Alan Barnhardt, Richard Vasquez and other persons ... to bring into this State, to sell and deliver, and did provide financial assistance, and otherwise aid and abet the bringing into this State, the sale and delivery, and was knowingly in actual or constructive possession of more than four hundred (400) grams of Cocaine....
At trial, the State introduced evidence showing that between May and July, 1986, Dowey went to Florida on a number of occasions and brought back substantial amounts of cocaine each time. On one such trip with Rex Alan Barnhardt in early July, Dowey procured a kilogram (1000 grams) of cocaine from Richard Vasquez and others in Miami. Dowey and Barnhardt brought the cocaine back to South Carolina. At one point during the May to July period, Mary Manning also saw Dowey in actual possession of one half a kilogram (500 grams) of cocaine in South Carolina. From May until July 22, 1986, Dowey sold more than fifteen ounces (425 grams) of cocaine to Mary Manning, who purchased it for her own use and for resale to others. Based on this and other evidence, Dowey was convicted of trafficking cocaine between May and July, 1986.
Prior to his trial on the trafficking charge, Dowey had pleaded guilty to a separate charge for possession with intent to distribute cocaine. The guilty plea was based on his arrest for possession of cocaine on September 3, 1986, some six weeks after the May to July 22nd period.
The Double Jeopardy Clause of the United States Constitution bars any subsequent prosecution in which the government, to establish an essential element of the offense charged, must prove conduct that constitutes an offense for which the defendant has already been prosecuted. Grady v. Corbin, 495 U.S. 508, 110 S.Ct. 2084, 109 L.Ed.2d 548 (1990). The rule in Grady v. Corbin applies only when the conduct previously prosecuted is to be used to establish the entirety of an element of the offense charged in the second prosecution. United States v. Clark, 928...
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State v. Amerson
...Double Jeopardy, the State bears the burden of proving two separate offenses by the preponderance of the evidence. State v. Dowey, 307 S.C. 69, 413 S.E.2d 848 (Ct.App.1992). We find a prima facie case has been established by the allegations in the indictments. Thus, the burden is on the Sta......
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State v. Michael Cunningham
... ... Ragins (C.A.4, 1988), 840 F.2d 1184; Cooper v ... Commonwealth (1992), 13 Va.App. 642; State v ... Dowey (S.C.App.1992), 413 S.E.2d 848. Once a defendant ... has made the initial showing that the indictment charges him ... with an offense for ... ...
- Lesesne v. Lesesne, 1754