State v. Kimminau

After a trial to the court the defendant, Edwin Kimminau, was found guilty of possession of cocaine and sentenced to 24 months’ probation. He has appealed, and his assignments of error, when summarized, allege that (1) the trial court erred in failing to suppress evidence which became the basis for the defendant’s conviction and that (2) to the extent the trial court’s verdict rested on certain evidence, i.e., evidence contained within a cooler, the judgment is not supported by the evidence.

The record shows that about 3:30 a.m. on May 28, 1989, Harlan County Deputy Sheriff Donald Tompkins…