Gouin v. State

BOWEN, Judge.

Raymond Scott Gouin, the appellant, pleaded guilty and was convicted of the unlawful possession of cocaine in violation of Ala.Code 1975, § 13A-12-212. He was given a “split” sentence of 90 days in the county jail and two years’ probation. This appeal is from that conviction.

Before pleading guilty, the appellant preserved his right to raise the following issue on appeal: Is the evidence obtained in a search incident to an arrest admissible in a prosecution for an offense disclosed by that search where the charge for which the arrest was made has been nol-prossed? We hold that…