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Boston v. State

March 24, 1998

BOSTON
v.
STATE



Before Bridges, C.j. McMILLIN And Thomas, P.jj.

The opinion of the court was delivered by: Thomas, P.j

BRIAN BOSTON A/K/A BRIAN TODD BOSTON, 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: 10/03/96

TRIAL JUDGE: HON. ROBERT WALTER BAILEY

COURT FROM WHICH APPEALED: LAUDERDALE COUNTY CIRCUIT COURT

NATURE OF THE CASE: CRIMINAL - FELONY

TRIAL COURT DISPOSITION: DELIVERY OF COCAINE WITHIN 1,000 FEET OF A SCHOOL HABITUAL OFFENDER: 60 YRS; CONCURRENT TO #03696; SENTENCE NOT REDUCED, SUSPENDED NOR EARLY RELEASE; PAY COSTS OF $244.50; PAY $1,000 FINE; PAY $100 LAB FEE

DISPOSITION REVERSED AND REMANDED - 3/24/98

Brian Boston appeals his conviction of delivery of cocaine within 1,000 feet of a school and status as an habitual offender raising the following issues as error:

I. THE ACTIONS OF THE COURT IN ALLOWING THE STATE TO FILE A MOTION WITHOUT SERVING SAME ON THE APPELLANT OR HIS ATTORNEY AND IN ENTERING AN ORDER ON SUCH MOTION EX PARTE, WITHOUT THE PRESENCE OF THE APPELLANT OR ANY NOTICE OF SUCH HEARING BEING GIVEN TO THE APPELLANT.

II. THE FAILURE OF THE STATE TO COMPLY WITH SECTION 41-29-501 THROUGH 41-29-537 DEALING WITH THE INTERCEPTION, RECORDING, AND ADMISSIBILITY OF ORAL COMMUNICATIONS.

III. THE USE BY THE STATE WITNESSES OF DOCUMENTS, WHICH THEY DID NOT PREPARE, TO REFRESH THEIR MEMORY DURING THEIR TESTIMONY.

IV. TESTIMONY BEING ALLOWED ABOUT A SEPARATE CRIME THAT WAS INDICTED BY SEPARATE INDICTMENT AND WAS NOT ...


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