Commonwealth v. Shivley

REYNOLDS, Justice.

A charge of possession of cocaine against Derrick Eugene Shivley was dismissed by Jefferson Circuit Court and the Court of Appeals affirmed. The Commonwealth has been granted discretionary review and contends that cocaine residue supports a charge of cocaine possession. We agree.

Appellee had been stopped for a motor vehicle equipment violation and attempted to dispose of a bag containing a test tube, a pipe used to smoke narcotics, and a box of baking soda. Laboratory examination confirmed that the pipe and the test tube contained cocaine, with the white cocaine residue…