State v. McKimmey

Sievers, Judge.

Angela McKimmey appeals her conviction and sentence for aiding and abetting the distribution or delivery of a controlled substance. The primary issue is whether the jury should have been given a lesser-included instruction for the crime of possession of a controlled substance.

FACTUAL BACKGROUND

On April 21, 1999, Investigator Wendy Brehm of the Nebraska State Patrol met Deb Perry, a previous contact for purchasing methamphetamine and cocaine, at Perry’s residence in Hastings, Nebraska. Brehm had earlier informed Perry that she needed help in purchasing an “eight ball” of…