RENDERED: MARCH 10, 2023; 10:00 A.M.
NOT TO BE PUBLISHED
Commonwealth of Kentucky
Court of Appeals
NO. 2022-CA-0276-MR
JORDAN BROWN APPELLANT
APPEAL FROM MUHLENBERG CIRCUIT COURT
v. HONORABLE BRIAN WIGGINS, JUDGE
ACTION NO. 21-CR-00336
COMMONWEALTH OF KENTUCKY APPELLEE
OPINION
AFFIRMING
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BEFORE: THOMPSON, CHIEF JUDGE; DIXON AND GOODWINE, JUDGES.
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.1 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.
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;
1
Kentucky Revised Statutes (“KRS”) 218A.1412, a Class C felony.
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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
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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.
BRIEFS FOR APPELLANT: BRIEF FOR APPELLEE:
Adam Meyer Daniel Cameron
Frankfort, Kentucky Attorney General of Kentucky
Courtney J. Hightower
Assistant Attorney General
Frankfort, Kentucky
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