State v. Chitwood

OPINION

DWYER, Judge.

This is an appeal of right by Robert Chitwood from his conviction, pursuant to a plea of nolo contendré, for the sale of a Schedule II controlled substance, to wit: cocaine. Appellant received a sentence of ten years in the state penitentiary. As his sole issue, appellant challenges whether his conviction for possession of cocaine in McCreary County, Kentucky, bars his prosecution for the sale of cocaine in Tennessee.

From the proferred evidence, it was revealed that on May 9, 1985 appellant made a sale of cocaine to undercover agents of the Tennessee Bureau of…