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Pittman v. State

April 07, 1998

PITTMAN V. STATE


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

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

RICHARD PITTMAN A/K/A RICHARD LEE PITTMAN, 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: 06/17/96

TRIAL JUDGE: HON. MARCUS D. GORDON

COURT FROM WHICH APPEALED: SCOTT COUNTY CIRCUIT COURT

NATURE OF THE CASE: CRIMINAL - FELONY

TRIAL COURT DISPOSITION: SALE OF COCAINE: SENTENCED TO SERVE A TERM OF 17 YRS IN THE MDOC & PAY A FINE OF $10,000

DISPOSITION AFFIRMED - 4/7/98

MOTION FOR REHEARING FILED:

CERTIORARI FILED:

MANDATE ISSUED:

Richard Pittman appeals his conviction for the sale of cocaine raising the following issues as error:

I. THE COURT ERRED IN OVERRULING HEARSAY OBJECTION OF THE, APPELLANT TO THE TESTIMONY OF NARCOTICS AGENT HARRISON ABOUT CONVERSATION HE OVERHEARD ON A SURREPTITIOUS MICROPHONE.

II. THE COURT ERRED IN OVERRULING OBJECTIONS BY APPELLANT'S COUNSEL TO CROSS-EXAMINATION OF APPELLANT ABOUT ANOTHER DRUG CRIME AND BY PERMITTING, OVER OBJECTION OVERRULED, REBUTTAL TESTIMONY THAT APPELLANT COMMITTED SAID CRIME.

Finding no error, we affirm.

FACTS

Richard Pittman was employed to help renovate two houses located in Morton, Mississippi. He was primarily working in one house, but took his breaks in the house next door which was heated. On the day in question, the son of the owner of the houses, seventeen-year-old Chris Brown, was at the heated house with Pittman. The two were on the porch of the house when a vehicle approached carrying Chris Bishop, an undercover narcotics agent, and two confidential informants.

Bishop and the two confidential informants were conducting an undercover drug operation. Bishop was wired with a mike, and he was going to attempt to purchase drugs. The two informants had taken Bishop to a place where drugs were sold and would introduce the officer so he could make a purchase. One of the informants hollered at Pittman who then came over to the vehicle.

After a brief conversation, Pittman invited the three men inside. Once inside Bishop told Pittman he wanted to buy $40 worth of crack cocaine. Pittman and Brown then left the house and returned shortly with the crack cocaine. The cocaine was given by Pittman to Bishop. Bishop then paid Pittman $40. Thereafter, Bishop and the informants left the house.

Officer Leonard Harrison of the Mississippi Bureau of Narcotics was the agent in charge of the buy. It was he who had provided Bishop with the money for the purchase of the drugs and had provided Bishop with the body transmitter. While Bishop and the two informants were making the purchase, he pulled surveillance. Harrison, via the transmitter, heard the conversations in the house and the negotiations for drugs.

Pittman was charged with the sale of cocaine. At trial Pittman claimed that it was Brown who gave him the crack cocaine to give to Bishop and it was Brown who was paid the $40. After deliberations, the jury returned a verdict of guilty.

ANALYS ...


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