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Hunter v. State

March 24, 1998

HUNTER
v.
STATE



Before Thomas, P.j., King, And Payne, JJ.

The opinion of the court was delivered by: Payne, J

MARLOE HUNTER A/K/A MARLOE DEVON HUNTER, 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: 07/26/96

TRIAL JUDGE: HON. MARCUS D. GORDON

COURT FROM WHICH APPEALED: SCOTT COUNTY CIRCUIT COURT

NATURE OF THE CASE: CRIMINAL - FELONY

TRIAL COURT DISPOSITION: POSSESSION OF COCAINE: SENTENCED TO SERVE A TERM OF 3 YRS IN THE MDOC & PAY A FINE OF $5,000

DISPOSITION AFFIRMED - 3/24/98

Marloe Hunter was convicted of possession of cocaine and sentenced to serve a term of three years in the custody of the Mississippi Department of Corrections and ordered to pay a fine in the amount of $5,000. Hunter's motion for JNOV or, in the alternative, a new trial was denied. Finding no error, we affirm.

FACTS

On March 12, 1997, Deputy Johnny Eugene Williams arrested Marloe Hunter for possession of cocaine. After hearing the evidence, the jury convicted Hunter for possession of 41.21 grams of cocaine. Feeling aggrieved by the verdict, Hunter filed this appeal alleging that the trial court erred in overruling his motion to suppress the cocaine as well as a statement allegedly made by the Appellant following his arrest. The details of the arrest will be developed in the following analysis of Hunter's assignment of error.

ANALYSIS

I. WHETHER THE TRIAL COURT COMMITTED REVERSIBLE ERROR IN OVERRULING HUNTER'S MOTIONS TO SUPPRESS THE COCAINE AND HIS ...


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