ARKANSAS COURT OF APPEALS
NOT DESIGNATED FOR PUBLICATION
JOHN B. ROBBINS, JUDGE
STATE OF ARKANSAS
DECEMBER 19, 2007
APPEAL FROM THE WASHINGTON
COUNTY CIRCUIT COURT
HONORABLE WILLIAM A. STOREY,
Appellant RubenMarmolejo was charged with possession of methamphetamine with
intent to deliver, with the crime alleged to have occurred on January 31, 2006. After a jury
trial, hewas convicted of the lesserincluded offense of possession ofmethamphetamine, and
was sentenced to ten years in prison. Mr. Marmolejo’s sole argument on appeal is that the
trial court erred in admitting evidence of his subsequent bad acts, which consisted of three
methamphetamine sales. We affirm.
Officer Gene Johnson of the Springdale Police Department was patrolling on
January 31, 2006, when he stopped a car for speeding. Tonya Dawson was the driver.
Mr. Marmolejo was a passenger in the car, and he was arrested on an outstanding warrant.
While appellant was being booked at the police station, the police found two bags containing
a total of 8.6 grams of methamphetamine in one of his socks. Mr. Marmolejo also possessed
$1376 in cash.
Over appellant’s objection, the State was permitted to elicit testimony about
subsequentmethamphetamine transactions that occurred after appellant was released on bail.
Officer Justin Ingram testified that he used a confidential informant who bought 0.86 grams
of methamphetamine from Mr. Marmolejo for $80 on April 14, 2006. On April 27, 2006,
Officer Ingram used another informant who purchased 0.7 grams from Mr. Marmolejo for
$100. Officer Andy Lee testified that he was involved in substantial drug buy on February
16, 2006, when he was working undercover and negotiated a deal with appellant and a man
named Cody Poole. According to Officer Lee, the appellant controlled the drug deal and
sold him 58 grams of methamphetamine in exchange for $2300.