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Robinson v. State

March 24, 1998

ROBINSON
v.
STATE



Before Diaz, P.j., King, And Southwick, JJ.

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

MARZINE ROBINSON A/K/A "SOUL", 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: 03/18/97

TRIAL JUDGE: HON. JOHN M. MONTGOMERY

COURT FROM WHICH APPEALED: NOXUBEE COUNTY CIRCUIT COURT

NATURE OF THE CASE: CRIMINAL - FELONY

TRIAL COURT DISPOSITION: CT I SALE OF COCAINE: CT III DELIVERY OF MARIJUANA LESS THAN ONE OUNCE: CT I SENTENCED TO 25 YRS IN MDOC & PAY A FINE OF $50,000; CT III SENTENCED TO 10 YRS IN THE MDOC; TO RUN CONCURRENTLY WITH CT I

DISPOSITION AFFIRMED - 3/24/98

Marzine Robinson was convicted of sale of cocaine and delivery of less than one ounce of marijuana. From this conviction, he now perfects his appeal to this Court and argues that the jury's verdict was against the overwhelming weight of the evidence. Finding no merit in his assignment of error, we affirm his conviction.

FACTS

On August 11, 1995, Bill Harper, a confidential informant for the Mississippi Bureau of Narcotics, purchased a single rock of cocaine and received a small amount of marijuana from the defendant, Marzine Robinson. The sale and delivery of the drugs were videotaped by way of a camera which had been installed inside Harper's truck. Robinson, who testified in his own behalf, denied the sale. Four witnesses testified for the State, including Bill Harper, the purchaser and confidential source; Craig Taylor, a Mississippi Bureau of Narcotics agent who monitored the transaction from another vehicle; Grady Downey, a forensic scientist who identified the drugs as cocaine and marijuana; and Jean Smith, a secretary and office manager for Robinson's employer, who testified that Robinson was not at work on the day of the drug sale. The jury found Robinson guilty on the charges of sale of cocaine and delivery of less than an ounce of marijuana. It is from this conviction that Robinson appeals.

Discussion

Marzine Robinson argues that the jury's verdict was against the overwhelming weight of the evidence. He maintains that the surveillance videotape failed to clearly identify him as the same person who sold drugs to Bill Harper. In determining whether the evidence presented at trial was adequate to support a guilty verdict, the supreme court has held that "[m]atters regarding the weight and credibility to be accorded the evidence are to be resolved by the jury." Fisher v. State, 481 So. 2d 203, 212 (Miss. 1985). "We give the prosecution the benefit of all favorable inferences that may reasonably be drawn from the evidence." Hart v. State, 637 So. 2d 1329, 1341 (Miss. 1994). "We may reverse only where with respect to one or more elements of the offense charged, the evidence so considered is such that reasonable and fair-minded jurors could only find the accused not guilty." Fisher, 481 So. 2d at 212 (citations omitted). In the case at bar, Bill Harper identified Robinson as the person who had sold drugs to him on August 11, 1995. The jury then viewed a videotape of the transaction and saw that the man on the tape had the same tattoo and wore his baseball cap in the same manner as Marzine Robinson. Based on this and all other evidence ...


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