Appellant was also charged with possession of a controlled substance (cocaine) with
intent to deliver, but he was found not guilty. Accordingly, testimony regarding that
charge is not recounted here.
ARKANSAS COURT OF APPEALS
NOT DESIGNATED FOR PUBLICATION
WENDELL L. GRIFFEN, JUDGE
September 6, 2006
DAVID D. RAMEY
AN APPEAL FROM UNION
COUNTY CIRCUIT COURT
HON. HAMILTON H. SINGLETON,
STATE OF ARKANSAS
On September 21, 2005, a Union County jury found David Ramey guilty of possession
of drug paraphernalia and driving while intoxicated, first offense. Appellant appeals from
the conviction for possession of drug paraphernalia, challenging the sufficiency of the
evidence. Because appellant failed to adequately preserve his sufficiency challenge, we
According to the testimony adduced at trial, Kent Holmes, a part-time deputy for the
Union County Sheriff’s Office, was driving home at 3:00 a.m. on August 14, 2004, when he
saw a Honda CRV traveling southbound on Arkansas Highway 7 North. The vehicle was
traveling erratically, crossing the fog line and the other lane of traffic. Because he was
driving in his personal vehicle, Officer Holmes contacted the Union County Sheriff’s Office.
Randy Connelly of the El Dorado Police Department testified pertaining to the chain
of custody of the State’s exhibits. His testimony is irrelevant for the purposes of this
appeal except to the extent that he also testified that the digital scales found in appellant’s
automobile were used in connection with narcotics.
Minutes later, Karl Nichols of the El Dorado Police Department headed to the area and
started following the Honda CRV. The driver of the automobile continued to drive
erratically. Concerned about the driver’s ability to maintain his automobile, Officer Nichols
initiated a traffic stop.
As Officer Nichols approached the vehicle, he smelled the odor of alcohol. Appellant
was the driver of th