Toney v. State

Doyle, Judge.

Following a jury trial, Earnest Ray Toney appeals from his conviction of criminal attempt to traffic in methamphetamine 1 and possession of methamphetamine. 2 Toney enumerates the following errors: (1) out-of-court statements made by a nontestifying co-defendant were erroneously admitted as res gestae, (2) the out-of-court statements were testimonial and therefore inadmissible under Crawford v. Washington, 3 and (3) the evidence did not suffice to convict him of criminal attempt. For the reasons that follow, we affirm.

“On appeal from a criminal conviction, the evidence must be…