Mckee v. State

917 P.2d 940 (1996)

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Nature of the Case

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Facts

D was living in Las Vegas, Nevada, where he worked as a carpenter. Prior to moving to Las Vegas, D lived in Southern California. While in California, D performed several carpentry jobs for Verna Lovely (Lovely). On July 10, 1994, Lovely called D and asked him to drive her to Boise, Idaho, so that she could visit a friend. In return for his efforts, Lovely offered to fly D to Los Angeles and give him enough money to fix his truck. D agreed and flew to Los Angeles. D made some repairs to Lovely's vehicle. Because it was getting late, D purchased some methamphetamine to help him stay awake during the trip. D hid the drug in his sock. When they arrived in Truckee, California, some minor repairs were made to the car, and Lovely began driving. Lovely became fatigued before they arrived in Reno, so D took over the driving. At 9:00 p.m., Nevada Trooper Stamey observed Lovely's car traveling at a high rate of speed near Winnemucca, Nevada. Stamey stopped the car. The couple informed the trooper that Lovely was the owner of the vehicle. Stamey asked to see Lovely's license and registration. As she was looking for her license, Stamey observed a telephone pager, a cellular telephone, a large road atlas, a pit bull dog in the back seat, the smell of air freshener, and a two-inch hole in the passenger side door. Lovely could not find her license. Stamey asked if she had any other identification. Lovely got out of the car, opened the rear hatchback, and began looking for her checkbook. Stamey observed that the car alarm went off as Lovely opened the hatchback. He also noticed a twelve-by-six-inch hole in the rear quarter panel, apparently designed by the manufacturer to allow access to the brake lights. Lovely found her checkbook. She returned to the cab of the car and began looking for her registration in the glove box. Stamey observed a wallet in the glove box that appeared to contain a large amount of money. Stamey asked D for his license. Stamey noticed that D's license was expired. Growing ever more suspicious, Stamey returned to Lovely's car and asked D about the trip. Stamey returned to his vehicle and requested a criminal history on D. D had a history of weapons and narcotics violations. Both parties refused searches. Stamey conducted a search of the car. He found a loaded nine-millimeter semi-automatic pistol; a brown bag containing 451.27 grams of methamphetamine; a salt container with a false bottom in which Stamey found a baggy containing methamphetamine; a set of scales capable of weighing up to 1,000 grams; a white envelope containing 4.8 grams of marijuana; and a pink paper bag containing three grams of methamphetamine. Stamey arrested D and Lovely. While searching D's person, Stamey found a baggy containing 0.83 grams of methamphetamine in D's sock. During cross-examination, D was asked if he had used drugs on July 12, 1994. D answered, 'No.' The prosecution then produced a photograph of McKee, dated July 12, 1994, in which D was shown holding a straw and a baggy in his right hand. McKee then admitted that he had used drugs on July 12, 1994. D's counsel objected to the use of the photograph. D was convicted and appealed.