State v. Culbreath

PIEPER, J.:

Virgil Lee Culbreath appeals from his conviction for trafficking of crack cocaine, asserting the trial judge erred in denying Culbreath’s motion for a mistrial after the State’s witness mentioned prior drug dealings with Culbreath. We affirm. 1

FACTS

Culbreath was indicted in 2004 on one count of trafficking crack cocaine and one count of distribution of crack cocaine within the proximity of a school or park. Both counts arose from an April 30, 2004 controlled sale to a confidential informant.

At trial, the State called the confidential informant, Kontay Gaines as a witness. Gaines…