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DONNIE W. MOORE v. STATE OF MISSISSIPPI

JUNE 03, 1987

DONNIE W. MOORE
v.
STATE OF MISSISSIPPI



BEFORE ROY NOBLE LEE, P.J., PRATHER AND ANDERSON, JJ.

PRATHER, J., FOR THE COURT:

Donnie Moore was convicted as an habitual offender for manufacturing a controlled substance, to-wit: less than one kilogram but more than one ounce of marijuana, a Schedule I controlled substance as defined in Miss. Code Ann. 41-29-113 (1972), as amended.

From that conviction, Moore appeals assigning as error the following:

 (1) The trial court committed reversible error by allowing into evidence an oral inculpatory statement not previously disclosed to the defendant.

 (2) The trial court erred in denying Donnie Moore a new trial based on the testimony of Raymond Wilson and Sarah Brown.

 (3) The trial court erred in sentencing the defendant as an habitual criminal under Miss. Code Ann. 99-19-81 (Supp.1986).

 We affirm.

 I.

 On September 26, 1983, Donnie Wayne Moore gave law enforcement officers his written consent to search the premises at 414 Fifth Street in Marks, Mississippi. Located on the property was a "shotgun" type house with an additional room attached to the top, back portion of the house. An external stairway led to the additional room.

 The house was owned by Donnie Moore, who inherited it from his mother. However, the lower portion of the house was occupied by Essie Mae Joiner, a renter. During his mother's lifetime, Moore occupied the additional upstairs room, but it is disputed whether he was occupying the room the day of the search.

 As the law enforcement officers were searching the upstairs room, one officer, peering through a window, discovered several marijuana plants growing in the backyard of the house. Donnie Moore was subsequently arrested and indicted as an habitual criminal for manufacturing a controlled substance, to-wit: less than one kilogram but more than one ounce of marijuana, a Schedule I controlled substance as defined in Miss. Code Ann. 41-29-113 (1972), as amended.

 Moore was convicted and sentenced to serve a term of twenty years without probation or parole in the custody of the Mississippi Department of Corrections. Additionally, he was fined $30,000. From that conviction and sentence, Moore perfects this appeal.

 II.

 Did the trial court commit reversible error by allowing into evidence an oral, inculpatory statement not previously disclosed to the defendant?

 During the direct examination of Officer Lawrence Knighton, Knighton explained what took place after the marijuana was ...


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