Opinion
2022-CA-0276-MR
03-10-2023
JORDAN BROWN APPELLANT v. COMMONWEALTH OF KENTUCKY APPELLEE
BRIEFS FOR APPELLANT: Adam Meyer Frankfort, Kentucky BRIEF FOR APPELLEE: Daniel Cameron Attorney General of Kentucky Courtney J. Hightower Assistant Attorney General Frankfort, Kentucky
NOT TO BE PUBLISHED
APPEAL FROM MUHLENBERG CIRCUIT COURT HONORABLE BRIAN WIGGINS, JUDGE ACTION NO. 21-CR-00336
BRIEFS FOR APPELLANT:
Adam Meyer
Frankfort, Kentucky
BRIEF FOR APPELLEE:
Daniel Cameron
Attorney General of Kentucky
Courtney J. Hightower
Assistant Attorney General
Frankfort, Kentucky
BEFORE: THOMPSON, CHIEF JUDGE; DIXON AND GOODWINE, JUDGES.
OPINION
GOODWINE, JUDGE:
Jordan Brown ("Brown") appeals the February 9, 2022 judgment of the Muhlenberg Circuit Court. We affirm.
On August 28, 2021, Brown overdosed at the home of Chandra Walker ("Walker"). Walker called 911. Both law enforcement and emergency medical services ("EMS") responded to the call. EMS found Brown unresponsive, administered Narcan, and transported Brown to the hospital. Police searched Brown and his surroundings and discovered a loaded syringe, a scale, heroin, and an ounce of methamphetamine.
As a result of this incident, Brown was indicted on one count of trafficking in controlled substances in the first degree. Thereafter, Brown filed a motion to dismiss, arguing KRS 218A.133 bars prosecution for trafficking. The trial court denied the motion. Brown then entered a conditional guilty plea and, upon entry of the final judgment, he was sentenced to seven years' imprisonment. This appeal followed.
Kentucky Revised Statutes ("KRS") 218A.1412, a Class C felony.
We review questions of statutory interpretation de novo, giving no deference to the findings of the trial court. Wilson v. Commonwealth, 628 S.W.3d 132, 140 (Ky. 2021).
A person shall not be charged with or prosecuted for a criminal offense prohibiting the possession of a controlled substance or the possession of drug paraphernalia if:
(a) In good faith, medical assistance with a drug overdose is sought from a public safety answering point, emergency medical services, a law enforcement officer, or a health practitioner because the person:
1. Requests emergency medical assistance for himself or herself or another person;
2. Acts in concert with another person who requests emergency medical assistance; or
3. Appears to be in need of emergency medical assistance and is the individual for whom the request was made;
(b) The person remains with, or is, the individual who appears to be experiencing a drug overdose until the requested assistance is provided; and
(c) The evidence for the charge or prosecution is obtained as a result of the drug overdose and the need for medical assistance.KRS 218A.133(2). Brown argues the Commonwealth was prohibited from charging him with trafficking in a controlled substance because the offense resulted from evidence discovered as a result of his overdose and subsequent medical treatment.
Prosecution for trafficking offenses is not prohibited by KRS 218A.133. It is fundamental to statutory construction that we first look "to the language of the statute, giving the words their plain and ordinary meaning." Overstreet v. Kindred Nursing Centers Limited Partnership, 479 S.W.3d 69, 73 (Ky. 2015) (citation omitted). Where the language of the statute is unambiguous, we will not consider extrinsic evidence, including evidence of legislative intent. Id. (citation omitted).
KRS 218A.133 specifically prohibits charging or prosecuting an individual for criminal offenses related to possession of controlled substances and/or paraphernalia. The statute does not mention trafficking offenses. Trafficking offenses are distinct from possession charges. Trafficking is separately defined as "to manufacture, distribute, dispense, sell, transfer, or possess with intent to manufacture, distribute, dispense, or sell a controlled substance[.]" KRS 218A.010(56). The General Assembly unambiguously chose only to prohibit charging or prosecuting for possession offenses but not for trafficking offenses.
Based on the foregoing, the February 9, 2022 judgment of the Muhlenberg Circuit Court is affirmed.
ALL CONCUR.