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02/24/98 MARVIN LEWIS JONES v. STATE MISSISSIPPI

MARVIN LEWIS JONES, APPELLANT
v.
STATE OF MISSISSIPPI, APPELLEE



DATE OF JUDGMENT: 10/20/89 TRIAL JUDGE: HON. DARWIN M. MAPLES COURT FROM WHICH APPEALED: JACKSON COUNTY CIRCUIT COURT

Before: McMILLIN, P.j., Hinkebein, And Southwick, JJ.

The opinion of the court was delivered by: Hinkebein, J., For The Court:

DISTRICT ATTORNEY: GRAY BURDICK

NATURE OF THE CASE: CRIMINAL - FELONY

TRIAL COURT DISPOSITION: DISTRIBUTION OF A CONTROLLED SUBSTANCE-HABITUAL OFFENDER/DOUBLE PENALTY: SENTENCED TO 30 YRS AND SUCH SENTENCE SHALL NOT BE REDUCED OR SUSPENDED NOR ELIGIBLE FOR PAROLE OR PROBATION; SENTENCE TO RUN CONCURRENT WITH SENTENCE PRESENTLY SERVING

DISPOSITION REVERSED AND REMANDED - 12/21024/98

MOTION FOR REHEARING FILED:

CERTIORARI FILED:

MANDATE ISSUED:

Marvin L. Jones [hereinafter Jones] was convicted in the Jackson County Circuit Court of the unlawful distribution of a controlled substance. Aggrieved by his conviction, Jones makes the following assignments of error:

I. THE TRIAL COURT ERRED IN DENYING JONES' MOTION TO QUASH HIS ENTIRE JURY VENIRE BECAUSE JUDGES MEMBERS WERE PRESENT IN THE COURTROOM DURING PRE-TRIAL MOTION ARGUMENTS.

II. THE TRIAL COURT ERRED IN OVERRULING JONES' MOTION TO PROHIBIT ADMISSION INTO EVIDENCE OF PRIOR, UNRELATED CRIMES AT HIS TRIAL.

III. THE TRIAL COURT ERRED IN FAILING SUA SPONTE TO PROVIDE THE JURY WITH A CAUTIONARY, LIMITING INSTRUCTION REGARDING THE USE OF PRIOR, UNRELATED CRIMES.

IV. THE TRIAL JUDGE ERRED IN DENYING JONES' MOTION FOR MISTRIAL DUE TO PROSECUTORIAL MISCONDUCT WHEN REPEATED QUESTIONS REGARDING NON-EXISTENT PRIOR CRIMES WERE ASKED BY ...


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