State v. Deffebaugh

89 P.3d 582 (2004)

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Nature of the Case

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Facts

Police had an informant (CI) who was cooperating to avoid prosecution for a DUI. Before sending the CI to purchase the cocaine, police searched her to verify that she had no drugs on her person or in her car. They attached a listening device under her clothing so officers could monitor the controlled purchase. After recording the serial number for each bill, an officer gave the CI $30 for purchasing cocaine. Officers observed the transaction from a distance to avoid being detected. Four black males approached the CI's car. The officers were too far away to visually identify the men, but Detective Robson recognized two voices over the audio transmitter, one being that of Calvin Shobe. The CI provided the officers with a description of the man named 'Jimmie' who had taken her money and given her two rocks of cocaine. The CI selected D's photo from a second photo array without hesitation. Police executed a warrant and found D and 10 other black males in the house, along with cash, cocaine, and guns. D claimed ownership of some of the money found on the floor, including one of the marked bills from the controlled purchase. D called Shobe to testify that Shobe was present at the controlled purchase but D was not there. P objected to Shobe's testimony, claiming that D failed to give notice of an alibi defense. The trial court prohibited Shobe from testifying that Shobe was present at the controlled purchase but that D was not there. D was convicted and appealed. The Court of Appeals reversed and P appealed. P contends that D was required to provide notice before offering evidence of an alibi.