Cable v. State

436 So.2d 160 (1983)

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Nature of the Case

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Facts

Swann, an undercover narcotics officer, met an informant and the informant introduced Swann to D. Swann told D that he wanted to buy some cocaine. D's first efforts to acquire the cocaine were unsuccessful, so he told Swann to return later. At about 8:00 p.m., Swann met up with D and they went to several places searching for drugs. D then directed Swann to return to a game room that they had earlier visited to see if he could find someone with cocaine. Before arriving at the game room, D directed Swann to turn in to see several men who were in the parking lot of a convenience store. D's brother William was there. After talking for awhile, they decided to return to the game room. At the game room, Swann noticed several others present. D drove off in William's car. He returned shortly and then told Swann to come outside. Swann told him that he could not find any cocaine that night. Swann was confronted by William advancing towards him with a large pair of hedge clippers. William placed the clippers at Swann's throat and threatened to kill him. D remained behind Swann. William demanded Swann's wallet. As Swann gave it to him, another man held the clippers. After searching Swann's wallet, William ordered the officer against a car and patted him down. They made Swann remove his shoes to see if he was carrying a weapon. They then told Swann that if he would return the following night, they would sell him narcotics. Swann left. D, his brother, and the third man were eventually arrested. D was charged with aggravated assault. D was convicted and appealed.