Whatley v. State

Andrews, Judge.

This case is before us on an out-of-time appeal to determine whether the trial court erred in denying a motion to suppress evidence seized under a warrant for electronic surveillance. We hold that it did not.

This is the second appearance of this case in our court and the procedural history is an involved one. On December 9, 1989, Whatley was convicted in the Superior Court of Floyd County of conspiracy to traffick in cocaine, trafficking in cocaine, and illegal use of a communications facility. Whatley appealed the conviction and sentencing. This Court reversed as to conspiracy…