Brown, J.
Between approximately 8:00 p.m. and 10:00 p.m. on May 4, 2003, Elkhart City Police Corporal Brian Schroth supervised a controlled drug buy from a residence at 210 W. Washington Street in Elkhart, which was a property rented by Perryman. . . . .
As a result of the information and items gathered, the police obtained a search warrant. . . . .
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Perryman argues that his trial counsel was ineffective for failing to object on the basis that the jury should not hear or have heard any evidence of the controlled buy during the State’s case-in-chief because the State’s use of that evidence went beyond the scope of its admissibility as only possible rebuttal evidence. The State’s Notice of Intent to Offer I.R.E. 404(b) Evidence filed on February 27, 2004, states: “It is anticipated that as part of his defense, the defendant will argue or present evidence that the cocaine was possessed, not with the intent to deliver, but for his personal use.” Petitioner’s Exhibit 5. The State asserted that it was permitted to offer evidence relating to the controlled buy of cocaine and the subsequent search under Evidence Rule 404(b) to show proof of motive, intent, or absence of mistake or accident. Before the second trial, the State indicated its intent to offer information consistent with the 404(b) motion filed in the first trial.
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Moreover, we cannot say that the evidence in question was extrinsic to the charged crime. At the time of the second trial, Perryman was charged with possession of cocaine in excess of three grams as a class A felony and possession of marijuana as a class A misdemeanor. The charging information for these counts alleged that Perryman committed these offenses “on or about” May 5, 2003. Appellant’s Appendix at 18-19. We also observe that the affidavit for the search warrant referenced the search that occurred on May 4, 2003. Corporal Schroth testified at the second trial that the police obtained a search warrant as a result of the information and items gathered from the controlled buy. We conclude that the evidence in question was intrinsic to the charged crime and not barred by Rule 404(b). See United States v. Shores, 700 F.3d 366, 371 (8th Cir. 2012) (concluding that Federal Rule of Evidence 404(b) did not bar testimony regarding a hand-to-hand transaction that occurred on the day prior to the execution of the search warrant because the testimony was sufficiently intertwined with the charged offenses where the testimony formed a critical component of the officer’s basis for obtaining the warrant to search the defendant’s residence and was intrinsic evidence), reh’g and reh’g en banc denied, cert. denied, 133 S. Ct. 2780 (2013). Under the circumstances, we cannot say that Perryman has demonstrated that an objection would have been sustained or that the post-conviction court erred on this basis.
VAIDIK, C.J., and NAJAM, J., concur.