Durham v. State

Durham appeals from the trial court’s order withholding adjudication of guilt and sentencing him for sale of cocaine1 and possession of cocaine.2 We affirm.

Durham’s first point on appeal is that the state destroyed exculpatory evidence thereby depriving him of due process.3 The evidence disclosed that Durham was arrested after a controlled purchase of cocaine by an undercover policewoman. She had been supplied with a listening device to enable other agents to hear her conversation with Durham, but it failed to work. The agents monitoring the transaction could hear the undercover agent…