Fortson v. State

Phipps, Judge.

Damian Fortson was convicted of sale of cocaine. As a recidivist, he was given a mandatory sentence of ten years imprisonment without possibility of parole followed by five years probation. In this appeal, he challenges the validity of his sentence, charges his trial lawyer with ineffectiveness in not filing a motion to suppress, and complains of the admission of hearsay testimony from a law enforcement officer concerning the reason for the officer’s presence on the scene. Finding no reversible error, we affirm.

State’s evidence showed that on the night of October 16, 2003,…