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King v. State

April 21, 1998

KING
v.
STATE



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

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

STEVEN KING A/K/A STEPHEN KING, 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: 07/03/96

TRIAL JUDGE: HON. LAMAR PICKARD

COURT FROM WHICH APPEALED: JEFFERSON COUNTY CIRCUIT COURT

NATURE OF THE CASE: CRIMINAL - FELONY

TRIAL COURT DISPOSITION: POSSESSION OF COCAINE WITH INTENT TO DISTRIBUTE: SENTENCED TO SERVE A TERM OF 30 YRS WITH THE MDOC

DISPOSITION AFFIRMED - 4/21/98

Steven King was convicted of possession of cocaine with intent to distribute and sentenced to serve thirty years in the Mississippi Department of Corrections. He now appeals alleging that the jury verdict was against the overwhelming weight of the evidence and that the evidence seized by use of a search warrant should have been suppressed because the search warrant was based on a materially untrue affidavit of underlying facts and circumstances. We affirm the trial court's ruling and the jury verdict.

FACTS

Agents Wade Parham and Lee Ford went to the trailer of Steven King to arrest King for two sales of cocaine. After the agents identified themselves to King through the window in the door, they heard King run from the window through the trailer. Ford entered the trailer and saw King run to the bedroom, grab something from his dresser, and flush it down the commode.

Ford entered the bathroom just in time to see six to eight plastic baggies containing white rock-like substances going down the toilet. Ford was unable to retrieve the items. King then told Ford, "You ain't got nothing on me now."

Based on these facts, Ford and Parham requested that a Judge issue a search warrant for the trailer. The warrant was issued by the Judge and executed by Ford and Parham. During the execution of the search warrant, the agents found a quart glass mason jar containing a white liquid with residue in the bathtub of the master bathroom and clear plastic baggies with white powder substance in the medicine cabinet. The white powder turned out to be 6.8 grams of powder cocaine worth approximately $900. The agents also found an open box of baking soda, digital scales, and a spoon with white powder residue on it in the kitchen. The agents also found a drinking glass with a water solution ...


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