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TONEY v. STATE

No. A10A0138.

695 S.E.2d 355 (2010)

TONEY v. The STATE.

Court of Appeals of Georgia.

May 11, 2010.

Attorney(s) appearing for the Case

Bruce S. Harvey, Mark A. Yurachek, for appellant.

Scott L. Ballard, District Attorney, Warren A. Sellers, Jeremy M. Hayes, Assistant District Attorneys, for appellee.

DOYLE, Judge.

Following a jury trial, Earnest Ray Toney appeals from his conviction of criminal attempt to traffic in methamphetamine1 and possession of methamphetamine.2 Toney enumerates the following errors: (1) out-of-court statements made by a nontestifying co-defendant were erroneously admitted as res gestae, (2) the out-of-court statements were testimonial and therefore inadmissible under Crawford...

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