Before Southwick, P.j., Hinkebein, And Payne, JJ.
The opinion of the court was delivered by: Southwick, P.j
CLAUDE LEE KYLES, 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: 01/10/97
TRIAL JUDGE: HONORABLE BILL JONES
COURT FROM WHICH APPEALED: JACKSON COUNTY CIRCUIT COURT
NATURE OF THE CASE: CRIMINAL - FELONY
TRIAL COURT DISPOSITION: TRANSFER OF CONTROLLED SUBSTANCE: SENTENCED TO SERVE A TERM OF 10 YEARS IN THE CUSTODY OF THE MDOC AND PAY ALL COURT COST;
DISPOSITION AFFIRMED - 03/24/98
Claude Lee Kyles was convicted by the Jackson County Circuit Court of transfer of a controlled substance. On appeal Kyles alleges that the trial court erred in denying his extraordinary motion for a new trial based on newly discovered evidence. Also, Kyles asserts that his sentence is disproportionate to that of his co-defendant. We disagree and affirm.
On February 8, 1996 the Jackson County Inter-local Task Force conducted an undercover drug operation in the Moss Point area. The agents were to purchase controlled substances from the area. The transactions were termed buy/busts as the sellers of controlled substances were immediately apprehended and arrested. The transactions were videotaped by a nearby vehicle which had been specially equipped to monitor and preserve the details of the transactions. The targeted area was the Queen's Inn in Moss Point.
The agent designated to make the buy was provided with two ten dollar bills. The bills had been photocopied earlier to assist in the later identification. The agent proceeded to the Queen's Inn where he encountered Kyles and Janet Price, Kyles's girlfriend. The agent testified that Kyles negotiated for the sale of a twenty dollar rock of cocaine. Kyles then went inside of the Queen's Inn and reemerged with Hattie Mae Henderson, who had the rock of cocaine in her hand. After Henderson showed the rock to the agent, the agent gave twenty dollars to Kyles. Once Kyles had the money, he ran away. Henderson then handed the rock to the agent.
Henderson gave testimony in her plea hearing and in an affidavit that contradicts some of the agent's testimony. She testified in her plea hearing that the agent forcibly took the cocaine from her hand after Kyles ran. In her ...