Spivey v. State

SCHWARTZ, Chief Judge.

Spivey appeals from his convictions of trafficking in cocaine and conspiracy to traffic in cocaine. We affirm the trafficking conviction but reduce the conspiracy conviction to conspiracy to deliver cocaine.

The case arises from a sting in which undercover officers arranged the purported purchase of an ounce, 28 grams, of cocaine through a person named Lolita. After Lolita had at least one telephone conversation in the officers’ presence with him, Spivey arrived at the designated place and was arrested after he delivered a bag containing 27.9 grams of cocaine — a tenth of…