Before Bridges, C.j., McMILLIN, And Thomas, Pjj.
The opinion of the court was delivered by: Per Curiam
TIMOTHY GARY, APPELLANT v. STATE OF MISSISSIPPI, APPELLEE
PER CURIAM AFFIRMANCE MEMORANDUM OPINION THIS OPINION IS NOT DESIGNATED FOR PUBLICATION AND MAY NOT BE CITED, PURSUANT TO M.R.A.P. 35-B
DATE OF JUDGMENT: 07/18/96
TRIAL JUDGE: HON. MARCUS D. GORDON
COURT FROM WHICH APPEALED: NESHOBA COUNTY CIRCUIT COURT
NATURE OF THE CASE: CRIMINAL - FELONY
TRIAL COURT DISPOSITION: POSSESSION OF COCAINE: SENTENCED TO SERVE A TERM OF 3 YRS IN THE CUSTODY OF THE MDOC & PAY A FINE OF $5,000
DISPOSITION AFFIRMED - 4/7/98
MOTION FOR REHEARING FILED:
Timothy Gary was convicted of possession of cocaine and sentenced to a term of three years in the custody of the Mississippi Department of Corrections and a fine of $5,000. On appeal, Gary challenges the weight of the evidence for the cocaine conviction.
On the afternoon of January 6, 1995, an investigator and two police officers went to an area on Davis Street known as the "blue house" in Philadelphia, Mississippi. Officer Sistrunk testified that this particular area is known for drug activity, and the officers were making a periodic check. Officer Sistrunk stated that as he approached the house, he observed Gary coming out of the house. Officer Waddell testified that Gary hesitated when he saw the officers. Officer Sistrunk testified that when Gary saw him he threw down a clear plastic bag. The other two officers took Gary into custody, and Officer Sistrunk retrieved the plastic bag which contained nine rock-like substances, believed to be crack cocaine. Gary was then arrested for possession of ...