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Ford v. State

March 24, 1998

FORD
v.
STATE



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

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

DANIEL TERRELL FORD, 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: 03/14/97

TRIAL JUDGE: HONORABLE ROBERT LOUIS GOZA JR.

COURT FROM WHICH APPEALED: MADISON COUNTY CIRCUIT COURT

NATURE OF THE CASE: CRIMINAL - FELONY

TRIAL COURT DISPOSITION: SALE OF COCAINE: SENTENCED TO SERVE A TERM OF 10 YEARS IN THE CUSTODY OF THE MDOC, THE LAST 5 YEARS OF THE SENTENCE IS STAYED & PART OF THE SENTENCE SUSPENDED, PAY COURT COSTS, FEES & ASSESSMENTS

DISPOSITION AFFIRMED - 3/24/98

Daniel Terrell Ford was convicted by the Madison County Circuit Court of sale of cocaine. Ford appeals alleging that the evidence was insufficient. We disagree and affirm.

Discussion

In determining the sufficiency of the evidence, we must examine the quantum before the jury at the time that the last motion attacking the sufficiency was presented in the trial court. Wetz v. State, 503 So. 2d 803, 807 n. 3 (Miss. 1987). The defendant made directed verdict motions at the end of the State's case and at the end of his own case, and then requested a peremptory instruction. That third demand is the point in the trial at which we review the evidence on appeal. However, since the defense put on no evidence, there was no additional evidence presented after the original directed verdict motion.

We must consider the evidence in the light most favorable to the verdict. McClain v. State, 625 So. 2d 774, 778 (Miss. 1993). Ford was charged with sale of cocaine pursuant to Miss. Code Ann. § 41-29-139 (Rev. 1993). The elements of the offense are (1) knowingly or intentionally (2) selling (3) cocaine.

The State called Steve Ray, an agent with the Mississippi Bureau of Narcotics, to testify. Ray testified that he purchased cocaine from Ford during an undercover operation on October 20, 1995. Although Ray testified that he had only seen Ford for a few seconds, he was able positively to identify Ford in court. Ray noted that Ford's hair was a little shorter at trial than it had been on the day of the sale, and that Ford was more clean cut at trial. Additionally, Ray narrated the video taken during the sale. A review of the video played for the jury ...


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