RENDERED: MARCH 10, 2023; 10:00 A.M. NOT TO BE PUBLISHED 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

v. APPEAL FROM MUHLENBERG CIRCUIT COURT

HONORABLE BRIAN WIGGINS, JUDGE ACTION NO. 21

- CR

- 00336

COMMONWEALTH OF KENTUCKY APPELLEE

OPINION AFFIRMING

**   **  **

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 servi ces (“EMS”) responded to the call. EMS found Brown unresponsive,

administered Narcan

, and transported Brown to the hospital. Police searched- 2

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Brown and his surroundings and discovered a loaded syringe, a scale, heroin, and

an ounce of methamphetamine.

A s 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

1 3 2, 140 (Ky. 2021).

A person shall not be charged with or prosecuted for a crimi nal 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 enforcemen t officer, or a health practitioner because the person:

1. Requests emergency medical assistance for himself or herself or another person;

1 Kentucky Re vised Statutes ( “ K R S ” ) 218A.1412, a Class C felony.- 3

- 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 overdo se until the requested assistance is provided; and

(c) The evidence for the charge or prosecution is obtained as a result of the drug overdo se 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- 4

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and/or paraphernalia. The statut e does not mention trafficking offenses.

Trafficking offenses are distinct from possession c harges. 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(5 6 ). The General Assembly unambiguously chos e 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.

BRIEF S FOR APPELLANT:

Adam Meyer Fran kfort, Kentucky BRIEF FOR APPELLEE:

Daniel Cameron Attorney General of Kentucky

Courtney J. Hightower Assistant Attorney General Frankfort, Kentucky