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GLENN FIELDER v. STATE OF MISSISSIPPI

JANUARY 14, 1987

GLENN FIELDER
v.
STATE OF MISSISSIPPI



BEFORE HAWKINS, P.J., DAN LEE AND GRIFFIN, JJ.

GRIFFIN, JUSTICE, FOR THE COURT:

I.

This case concerns the question of whether a motion for suppression, filed prior to trial and made again during the course of the trial, must be refiled according to Rule 4.02 of our Uniform Criminal Rules of Circuit Court Practice when a mistrial is declared and the trial is continued in the next term of court.

 II.

 The case at bar is an appeal from the Circuit Court of Neshoba County, Mississippi, wherein the appellant was indicted in the February, 1985, term of the Circuit Court of Neshoba County for the crime of possession of cocaine with intent to deliver. Appellant was initially tried in the February 1985 term of Court. The Court proceeded to hear testimony from the State's witnesses and granted a defense motion for mistrial.

 Appellant was again tried during the September 1985 term. After hearing the evidence, the court granted the state's motion ore tenus to amend the indictment to delete the words "with the intent to deliver said cocaine to person or persons to the Grand Jurors unknown" . The jury, after deliberating on the issues of fact, returned a verdict of guilty as charged. Thereafter the trial court sentenced appellant to serve a term of three years in the Mississippi State Penitentiary and to pay a fine of $20,000.

 III.

 At approximately 10 o'clock on the morning of August

 14, 1984, Philadelphia City Police Officer L. J. Pace received an anonymous phone call alleging that a cocaine deal was going down at Westside Park between Glenn Fielder and Albert Clemons. Based on that information, Officer Pace began patrolling that neighborhood looking for vehicles of the persons alleged to be participating in the transaction.

 Around 11:30 o'clock a.m. that same morning Officer Pace observed Glenn Fielder on a motorcycle and Albert Clemons in a pickup truck parked at Westside. He also observed an unidentified black male and black female in the vicinity. The black female made "contact" with Fielder.

 The unidentified couple left Westside in a northerly direction. Officer Pace circled around them and stopped them by blocking Edward Avenue. After arresting the couple, the black female fled. Officer Pace pursued and observed her throwing a bag containing a green leafy substance and two pills.

 Based on the above information, Officer Pace, accompanied by Sheriff Glen Waddell, returned to Westside Park and arrested appellant and Albert Clemons. A bag containing a white powdery substance was recovered by the officers at the scene. The officers testified that they observed appellant withdraw the bag from his pants and throw it in the pickup truck. Appellant and Clemons were transported to jail.

 IV.

 Appellant has actually assigned as error two points ...


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