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State v. Alhakemi

Court of Appeals of Nebraska

September 29, 2015

State of Nebraska, appellee,
v.
Ali Alhakemi, appellant.

NOT DESIGNATED FOR PERMANENT PUBLICATION

Appeal from the District Court for Lancaster County: Steven D. Burns, Judge.

Matthew K. Kosmicki for appellant.

Douglas J. Peterson, Attorney General, and George R. Love for appellee.

Irwin, Inbody, and Riedmann, Judges.

MEMORANDUM OPINION AND JUDGMENT ON APPEAL (WEB OPINION)

Riedmann, Judge.

INTRODUCTION

Ali Alhakemi appeals from his convictions in the Lancaster County District Court of 4 counts of delivery of a controlled substance and 1 count of possession of a controlled substance. He argues that the evidence was insufficient to sustain the convictions, that his sentence is erroneous and excessive, and that he received ineffective assistance of counsel. We find that the record is insufficient to address the ineffective assistance of counsel claims and find no merit to the remaining claims. We therefore affirm the convictions and sentences.

BACKGROUND

Alhakemi was charged with 4 counts of delivery of a controlled substance and 1 count of possession of a controlled substance. The information alleged that Alhakemi delivered methamphetamine on or about 4 separate dates in 2013, May 15, May 28, June 13, and July 5, and that he possessed methamphetamine on or about August 8. It also alleged that Alhakemi is a habitual criminal.

At trial, the jury heard testimony from Jordan Wilmes, an investigator with the Lincoln-Lancaster County narcotics task force. On May 14, 2013, Wilmes met with a confidential informant (CI) who provided Wilmes the name and telephone number of a person the CI described as a source of methamphetamine in Lincoln. Wilmes researched the telephone number in a police database and confirmed the name associated with the telephone number was Alhakemi's. The CI also informed Wilmes that the methamphetamine source lived in the area of 12th Street and B Street in Lincoln, and Wilmes' research confirmed an address in that area for Alhakemi.

At Wilmes' request, the CI placed a recorded call to the telephone number he provided to Wilmes. A copy of the recorded call was received into evidence at trial, and Wilmes confirmed that the voices that could be heard on the recording belonged to the CI and a man he came to know as Alhakemi. Wilmes testified that he recognized, based on his training and experience, that the conversation between the CI and Alhakemi was consistent with the arrangement of a narcotics transaction.

The following day, the CI placed another recorded call to Alhakemi, and they arranged to meet. When the CI and Wilmes, who was working undercover, arrived at the agreed-upon location, Alhakemi got into the backseat of Wilmes' undercover vehicle. Alhakemi directed Wilmes to drive to a different location, at which Alhakemi exited the vehicle. About 15 minutes later, Alhakemi returned to Wilmes' vehicle and placed a plastic baggie containing a crystalline substance on the center console. The parties discussed a price, and Alhakemi was given $260 of drug task force buy money. Wilmes explained at trial that the drug task force provides him "buy money" for his undercover drug transactions, and the serial numbers of the buy money are recorded so that the money can later be identified during drug investigations.

Subsequent testing confirmed that the baggie that Alhakemi sold to Wilmes contained methamphetamine. Three other narcotics task force officers who were providing surveillance of the transaction testified that they observed Alhakemi exit and reenter Wilmes' vehicle.

On May 28, 2013, Wilmes made a recorded call to Alhakemi, and they agreed to meet so Wilmes could buy what Wilmes referred to in the call as "tickets, " which Wilmes explained at trial meant methamphetamine. At the agreed-upon location, Alhakemi got into Wilmes' vehicle and gave Wilmes a clear plastic baggie containing a crystalline substance later determined to be methamphetamine. In exchange, Wilmes gave Alhakemi $280. Two other drug task force officers testified at trial that they observed Alhakemi enter and exit Wilmes' vehicle on that date.

Wilmes next spoke with Alhakemi on June 13, 2013, and they agreed to meet again so that Wilmes could purchase methamphetamine. At the agreed-upon location, Alhakemi got into Wilmes' vehicle, and after confirming that Wilmes wanted "a ball, " which means one-eighth of an ounce of methamphetamine, Alhakemi gave Wilmes a clear plastic baggie containing suspected methamphetamine. Wilmes then gave Alhakemi $250. The contents of the baggie later tested positive for methamphetamine. Two other task force officers providing surveillance for the transaction testified at trial that they observed Alhakemi walking in the area at the time of the transaction.

Wilmes spoke with Alhakemi again on July 5, 2013, and they arranged to meet so that Wilmes could purchase methamphetamine. When Wilmes arrived, Alhakemi motioned for him to get into Alhakemi's vehicle, and Wilmes did so. Alhakemi again provided Wilmes a ...


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