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RENDERED: August 29, 2003; 2:00 p.m.
NOT TO BE PUBLISHED

Commonwealth Of Kentucky
Court Of Appeals
NO. 2001-CA-002157-MR

DAVINA JO WHEELER APPELLANT

APPEAL FROM BOYD CIRCUIT COURT

v. HONORABLE C. DAVID HAGERMAN, JUDGE
ACTION NO. 00-CR-00201

COMMONWEALTH OF KENTUCKY APPELLEE

OPINION
AFFIRMING
** ** ** ** **

BEFORE: GUIDUGLI AND JOHNSON, JUDGES; AND HUDDLESTON, SENIOR
JUDGE.1

JOHNSON, JUDGE: Davina Jo Wheeler has appealed from the final

judgment and sentence entered by the Boyd Circuit Court on

September 28, 2001, following her conditional plea of guilty to

the charges of trafficking in a controlled substance within 1,000

yards of a school,2 selling a controlled substance to a

1 Senior Judge Joseph R. Huddleston sitting as Special Judge by assignment of
the Chief Justice pursuant to Section 110(5)(b) of the Kentucky Constitution
and KRS 21.580.

2 Kentucky Revised Statutes (KRS) 218A.1411.

minor,3 and trafficking in a controlled substance in the second

degree.4 Having concluded that the trial court properly denied

Wheeler=s motion to suppress, we affirm.
On September 8, 2000, at approximately 4:00 a.m.,

Officer Kenny Diamond of the Boyd County Police Department

received information from Jonathan Alexander, who was 16-years

old at the time, indicating that he had purchased marijuana from

Wheeler at her residence on Bellefonte Road in Ashland, Kentucky,

earlier that morning.5 Shortly thereafter, Officer Diamond

prepared a search warrant which described Wheeler=s residence on
Bellefonte Road as a place to be searched for marijuana and any

items used in the preparation, packaging and sale of marijuana.

The search warrant was based on the following affidavit signed by

Officer Diamond:

On the 8 day of September, 2000, at
approximately 0401 a.m., affiant received
information from Jonathan Matthew Alexander
that he had bought marijuana at the above

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