ARKANSAS COURT OF APPEALS
NOT DESIGNATED FOR PUBLICATION
JUDGE DAVID M. GLOVER
LONNIE NEWTON, JR.
STATE OF ARKANSAS
February 14, 2007
APPEAL FROM THE ASHLEY
COUNTY CIRCUIT COURT
HONORABLE SAMUEL B. POPE,
Appellant, Lonnie Newton, was tried by a jury and found guilty of the offense of
delivery of cocaine. He was sentenced to twenty years in the Arkansas Department of
Correction. We affirm the conviction.
Appellant raises four points in this appeal:
The trial court abused its discretion when it refused to grant Newton’s
request for a continuance where the trial court allowed the substitution of
counsel just four days before trial.
The trial court abused it discretion when it refused to grant Newton’s
request for a continuance where Newton’s attorney had medical problems
which justified a continuance.
The trial court abused its discretion when it allowed into evidence the tape
of the second drug transaction as it was highly prejudicial and outweighed
any probative value it may have had and it concerned a collateral matter
that was not relevant to the issue before the trial court.
The trial court’s comment concerning potential other crimes or bad acts by
the defendant was prejudicial to the extent that it vitiated the curing
instruction given by the trial court concerning the tape of the second drug
None of the points challenge the sufficiency of the evidence supporting his conviction.
Therefore, it is not necessary to recount the facts in detail. Briefly, a confidential
informant approached appellant about a possible purchase of cocaine. Appellant took $20
from the confidential informant, left for approximately four minutes, and returned with
what later tested positive for a small amount of cocaine. The particular facts pertaining to
each of the four points of appeal will be discussed under those