Jerome D. Robinson v Commonwealth of Virginia

COURT OF APPEALS OF VIRGINIA
Present: 	Chief Judge Fitzpatrick, Judge Annunziata and
Senior Judge Duff
Argued at Alexandria, Virginia
JEROME D. ROBINSON
MEMORANDUM OPINION* BY
v. 	Record No. 0745-99-4 	JUDGE CHARLES H. DUFF
MAY 9, 2000
COMMONWEALTH OF VIRGINIA
FROM THE CIRCUIT COURT OF FAIRFAX COUNTY
F. Bruce Bach, Judge
Elwood Earl Sanders, Jr., Appellate Defender
(Public Defender Commission, on briefs), for
appellant.
Leah A. Darron, Assistant Attorney General
(Mark L. Earley, Attorney General, on brief),
for appellee.
* Pursuant to Code § 17.1-413, recodifying Code
§ 17-116.010, this opinion is not designated for publication.
Appellant was convicted of distribution of cocaine and
possession of a firearm while in possession of cocaine. 	Appellant
argues that the trial court erroneously admitted into evidence a
hearsay statement from a confidential informant that indicated the
cocaine came from appellant. 	We disagree and affirm his
convictions.
BACKGROUND
Detective J.G. Sterling arranged a cocaine transaction with
appellant through a confidential informant. 	The informant and

appellant engaged in a conversation, and the informant returned to
Sterling's car. 	The informant handed Sterling a clear plastic bag
that contained crack cocaine and said, "Hey, here, he wants me to
give you this." 	At appellant's trial, this statement by the
informant was admitted into evidence through Sterling's testimony.
Appellant testified that he was just a cocaine user and an
acquaintance of the informant. 	Appellant also denied selling the
cocaine to Sterling.
ADMISSIBILITY OF THE STATEMENT
Appellant argues that the informant's statement was hearsay
and improperly admitted into evidence. 	Appellant contends that
there was a serious credibility issue for the jury and the
informant's credibility could not be challenged because he did not
testify.
Assuming without deciding that the statement was inadmissible
hearsay, any error was harmless. 	"Even though testimony is
objectionable as hearsay, its admission is harmless error when the
content of the extra-judicial declaration is clearly established
by other competent evidence." 	Schindel v. Commonwealth, 219 Va.
814, 817, 252 S.E.2d 302, 304 (1979) (citation omitted).
The hearsay statement showed that appellant was offering the
cocaine for distribution. 	This fact was proved by other
testimony. 	Sterling testified that after receiving the cocaine
from the informant, he weighed it and said that it was "way
light." 	Sterling threw the cocaine on the floor of his car and
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said that he was "here to buy an ounce of crack cocaine."
Appellant entered Sterling's car and picked up the cocaine.
Appellant said that he wanted to see the cocaine weighed, and
Sterling and appellant discussed the weight of the cocaine.
Appellant then told Sterling that he needed $400 for the cocaine,
and Sterling paid appellant. 	Appellant also told Sterling that
Sterling could come back for more cocaine because the informant
knew how to get in touch with him. 	Appellant's statements to
Sterling established that appellant distributed the cocaine.
Accordingly, appellant's convictions for distribution of cocaine
and possession of a firearm while in possession of cocaine are
affirmed.
Affirmed.
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