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O'Geese v. State

March 24, 1998

O'GEESE V. STATE


Before Bridges, C.j., Diaz, And Coleman, JJ.

The opinion of the court was delivered by: Coleman, J.

JESSIE O'GEESE, APPELLANT v. STATE OF MISSISSIPPI, APPELLEE

THIS OPINION IS NOT DESIGNATED FOR PUBLICATION AND MAY NOT BE CITED, PURSUANT TO M.R.A.P. 35-B

DATE OF JUDGMENT: 02/25/93

TRIAL JUDGE: HON. JERRY OWEN TERRY, SR.

COURT FROM WHICH APPEALED: HARRISON COUNTY CIRCUIT COURT

NATURE OF THE CASE: CRIMINAL - FELONY OF SALE OF COCAINE, A CONTROLLED SUBSTANCE

TRIAL COURT DISPOSITION: JUDGMENT OF CONVICTION OF THE TRANSFER AND SALE OF COCAINE, A CONTROLLED SUBSTANCE, AND SENTENCED TO SERVE 20 YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS AND ORDERED TO PAY A FINE OF $25,000.

DISPOSITION AFFIRMED - 3/24/98

MOTION FOR REHEARING FILED:

CERTIORARI FILED:

MANDATE ISSUED:

Jessie O'Geese appeals from a judgment of conviction of the transfer and sale of cocaine and sentence to serve twenty years in the custody of the Mississippi Department of Corrections and to pay a fine of $25,000 rendered by the Circuit Court of the first Judicial District of Harrison County. O'Geese appeals on the grounds (1) that he was denied the effective assistance of counsel because his attorney at trial failed to object to expert testimony admitted without the proper foundation and (2) that he was denied effective assistance of counsel because his court-appointed attorney was not appointed in accordance with Section 99-15-15 of the Mississippi Code of 1972 or properly compensated in accordance with Section 99-15-17 of the Mississippi Code of 1972. Nevertheless, we affirm.

I. FACTS

In the mid-afternoon of March 17, 1992, an African-American female, who remained unidentified throughout the trial in this case, signaled to Officer Steve Dedual of the Gulfport Police Department to stop as he drove near 31st Avenue and 22nd Street in Gulfport. That particular afternoon Officer Dedual was attempting to purchase illicit drugs as an undercover officer. When Dedual told the woman that he wanted to buy a "twenty," which is street language for a small rock of "crack" cocaine, she directed him to drive to the 3000 block of 21st Street. There she told him to stop the car, and there is where Dedual purchased a small rock of "crack" cocaine for $20 from an African-American male. A video camera concealed in a flight bag lying on the floor in front of the passenger's seat in the car recorded the transaction.

After he completed the transaction, Officer Dedual left the 3000 block of 21st Street and returned the woman to where she had stopped him and entered his car. Officer Dedual placed the substance he had purchased from the seller in a plastic bag. Dedual put the case number, his initials, and the date on the plastic bag and then returned to his office, where he delivered the substance in the plastic bag to Detective Sergeant Mike Hall of the Gulfport Police Department. Sergeant Hall had been assigned ...


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