Commonwealth of Kentucky v. James Patrick Rodefer

Summary

The Supreme Court of Kentucky held that a jury instruction improperly allowed conviction for first-degree trafficking based on possession with intent to transfer, an alternative not included in the statutory definition of trafficking. The Court nevertheless concluded that the instructional error was not palpable because Rodefer's own testimony supported conviction under the statutory transfer alternative. The court reversed the Court of Appeals and reinstated the Fayette Circuit Court judgment.

Holdings

1. The trial court erred by instructing the jury that it could convict Rodefer of first-degree trafficking based on possession of cocaine with intent to transfer, because KRS 218A.010(34) defines trafficking to include possession with intent to manufacture, distribute, dispense, or sell, but does not include possession with intent to transfer.
2. The erroneous trafficking instruction did not constitute palpable error because Rodefer's own testimony established that he had shared the cocaine with an accomplice, supporting conviction under the statutory transfer alternative, and the error therefore did not result in manifest injustice.
3. The words of the trafficking statute must be given their plain meaning, and the inclusion of a term in one statutory provision and its exclusion from another strongly indicates purposeful legislative choice.

Questions Presented

1. Whether the trial court's first-degree trafficking instruction improperly authorized conviction based on possession of cocaine with intent to transfer.
2. Whether the unpreserved instructional error constituted palpable error requiring reversal and a new trial.

Disposition

reversed