Webb v. Com., No. 94-SC-443-MR

CourtUnited States State Supreme Court (Kentucky)
Citation904 S.W.2d 226
Decision Date08 June 1995
PartiesAnthony WEBB, Appellant, v. COMMONWEALTH of Kentucky, Appellee.
Docket NumberNo. 94-SC-443-MR

Page 226

904 S.W.2d 226
Anthony WEBB, Appellant,
v.
COMMONWEALTH of Kentucky, Appellee.
No. 94-SC-443-MR.
Supreme Court of Kentucky.
June 8, 1995.
As Modified on Denial of Rehearing Aug. 24, 1995.

Page 227

Susan J. Balliet, Prospect, for appellant.

Chris Gorman, Atty. Gen., Amy F. Howard, Asst. Atty. Gen., Crim. Appellate Div., Frankfort, for appellee.

SPAIN 1, Justice.

Appellant, Anthony Webb, was convicted by a jury of Complicity to Trafficking in a Controlled Substance in the First Degree and of being a Persistent Felony Offender in the Second Degree. His ten-year sentence was enhanced to twenty years. Webb now appeals as a matter of right.

The testimony heard by the jury presented two significantly different versions of events. The appellant testified on his own behalf. According to the appellant's theory of the case, his girlfriend, Melodie Phelps, had been

Page 228

introduced to Detective Steve Roberts by Gary Thompson, a confidential police informant. On November 15, 1993, Detective Roberts was working undercover in Bowling Green, Kentucky, where he was attempting to purchase drugs. Phelps and Thompson arrived at appellant's home in Thompson's car that evening. Phelps mentioned that she had to do an unspecified favor for Thompson. Apparently jealous that his girlfriend was riding around with Thompson, appellant told Phelps that he would take her in his own car to do the favor.

Phelps told appellant to take her to a parking lot in Bowling Green. Upon arrival, Thompson walked over to Detective Roberts, who was sitting in a pickup truck, and spoke with him. When Thompson returned, he handed Phelps some money, which appellant later discovered to be $150.00. Appellant then drove Phelps to an apartment complex. Phelps went inside while appellant remained in his car. When she came out, appellant asked her what she was doing; she responded that Thompson had offered to buy her a pill if she would get Thompson some pills as well. Phelps allegedly had bought four Demerol pills and two Dilaudid pills.

Though appellant knew about the pills, he drove Phelps back to the parking lot where Roberts was waiting. Appellant testified that Phelps got out, gave Roberts one Dilaudid pill, gave Thompson the four Demerol pills, and kept one Dilaudid pill for herself. Appellant asserts that he never got out of the car, never got any of the money, and never got any of the pills.

The Commonwealth presents a different version. According to Detective Roberts, he gave Phelps $50.00 so that she could purchase a Dilaudid pill for him. After she took the money, appellant drove up and they told Roberts to wait there. When Phelps and the appellant returned, Phelps got out of the car and walked away. Appellant got out of the car and motioned the detective to follow him. Roberts testified that he and the appellant entered an apartment, at which point appellant handed the detective a Dilaudid pill.

The jury was instructed on First-Degree Trafficking in a Controlled Substance, First-Degree Trafficking in a Controlled Substance by Complicity, and First-Degree Possession of a Controlled Substance. The appellant requested an instruction on criminal facilitation, under KRS 506.080, but the trial court denied this request. The jury returned a verdict on the complicity charge with a sentence of ten years.

During the sentencing phase, the jury learned of appellant's two prior convictions for theft as part of the proof for the PFO charge. Appellant filed a written motion to suppress the 1985 conviction for theft by unlawful taking. He also orally moved to suppress his 1991 conviction for second-degree burglary and theft by unlawful taking. The basis of these challenges was Boykin v. Alabama, see infra. After a hearing on this issue, the trial court overruled appellant's motion to suppress these prior convictions. The jury convicted him of PFO II. Appellant received a total sentence of twenty years.

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103 practice notes
  • Caudill v. Commonwealth of Kentucky, 2000-SC-0296-MR.
    • United States
    • United States State Supreme Court (Kentucky)
    • June 12, 2003
    ...Caudill's murder of White by furnishing Caudill with transportation to White's residence. Webb v. Commonwealth, Ky., 904 S.W.2d 226, 228-29 (1995). He would have a better argument if he had left Caudill at White's residence and returned to the crack house without her, or, perhaps, if he had......
  • Brown v. Com., No. 2006-SC-000654-MR.
    • United States
    • United States State Supreme Court (Kentucky)
    • June 17, 2010
    ...or supported to any extent by the testimony." Thomas v. Commonwealth, 170 S.W.3d 343, 348-49 (Ky.2005) (citing Webb v. Commonwealth, 904 S.W.2d 226 (Ky.1995)). This does not mean, however, that speculative theories are to be put before the jury in the instructions merely because the te......
  • Hodge v. Com., No. 1996-SC-1085-MR.
    • United States
    • United States State Supreme Court (Kentucky)
    • February 24, 2000
    ...attack his Letcher Circuit Court conviction during the penalty phase of his Laurel Circuit Court trial. Cf. Webb v. Commonwealth, Ky., 904 S.W.2d 226, 229 (1995); McGuire v. Commonwealth, supra, at Appellant asserts that the trial judge erred in refusing to admit as penalty phase evidence t......
  • Tamme v. Com., No. 94-SC-637-MR
    • United States
    • United States State Supreme Court (Kentucky)
    • March 19, 1998
    ...of the greater offense, and yet believe beyond a reasonable doubt that he is guilty of the lesser offense. Webb v. Commonwealth, Ky., 904 S.W.2d 226 (1995). Both victims in this case were shot in the head. There was no evidence from which a reasonable juror could believe that Appellant unin......
  • Request a trial to view additional results
103 cases
  • Fields v. Com., No. 1997-SC-0424-MR.
    • United States
    • United States State Supreme Court (Kentucky)
    • February 24, 2000
    ...doubt that he is guilty of the lesser offense." Tamme v. Commonwealth, Ky., 973 S.W.2d 13, 36-7 (1998) (citing Webb v. Commonwealth, Ky., 904 S.W.2d 226 (1995)); See also, Brown v. Commonwealth, supra; Tipton v. Commonwealth, Ky., 640 S.W.2d 818, 820 (1982) ("[T]o support a lesser included ......
  • Caudill v. Commonwealth of Kentucky, 2000-SC-0296-MR.
    • United States
    • United States State Supreme Court (Kentucky)
    • June 12, 2003
    ...only "facilitated" Caudill's murder of White by furnishing Caudill with transportation to White's residence. Webb v. Commonwealth, Ky., 904 S.W.2d 226, 228-29 (1995). He would have a better argument if he had left Caudill at White's residence and returned to the crack house without her, or,......
  • Hodge v. Com., No. 1996-SC-1085-MR.
    • United States
    • United States State Supreme Court (Kentucky)
    • February 24, 2000
    ...attack his Letcher Circuit Court conviction during the penalty phase of his Laurel Circuit Court trial. Cf. Webb v. Commonwealth, Ky., 904 S.W.2d 226, 229 (1995); McGuire v. Commonwealth, supra, at Appellant asserts that the trial judge erred in refusing to admit as penalty phase evidence t......
  • Brown v. Com., No. 2006-SC-000654-MR.
    • United States
    • United States State Supreme Court (Kentucky)
    • June 17, 2010
    ...from or supported to any extent by the testimony." Thomas v. Commonwealth, 170 S.W.3d 343, 348-49 (Ky.2005) (citing Webb v. Commonwealth, 904 S.W.2d 226 (Ky.1995)). This does not mean, however, that speculative theories are to be put before the jury in the instructions merely because the te......
  • Request a trial to view additional results

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