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Gilkey v. State

April 21, 1998

GILKEY
v.
STATE



Before Bridges, C.j., Mcmillin, And Thomas, Pjj.

The opinion of the court was delivered by: Bridges, C.j

LILLIE MAE GILKEY, 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: 08/29/96

TRIAL JUDGE: HON. ELZY JONATHAN SMITH JR.

COURT FROM WHICH APPEALED: COAHOMA COUNTY CIRCUIT COURT

NATURE OF THE CASE: CRIMINAL - FELONY

TRIAL COURT DISPOSITION: SALE OF A CONTROLLED SUBSTANCE TO WIT COCAINE: SENTENCED TO SERVE A TERM OF 22 YRS; PAY $5,000.00 FINE; PAY $125.00 CRIME LAB FEE; SENTENCE CONSECUTIVE TO ANY PREVIOUSLY IMPOSED; TREATMENT AND REHABILITATION FOR ALCOHOL AND/OR DRUG ABUSE

DISPOSITION AFFIRMED - 4/21/98

Lillie May Gilkey was indicted, tried, and convicted in the Coahoma County Circuit Court of sale of cocaine. She was sentenced to serve a term of twenty-two years in the custody of the Mississippi Department of Corrections, and to pay a fine of $5,000 and crime lab fee of $125. Additionally, her sentence was imposed consecutively to any previously imposed sentence, and included rehabilitation for drug and alcohol abuse. Gilkey presents the following issues on appeal:

I. THE TRIAL COURT ERRED IN PERMITTING THE CONFIDENTIAL INFORMANT TO TESTIFY THAT THE APPELLANT TOLD HIM TO COME BACK THE NEXT DAY TO BUY ADDITIONAL NARCOTICS.

II. WHETHER THE TRIAL COURT ERRED IN DENYING THE APPELLANT'S MOTION FOR A MISTRIAL AFTER IT HAD SUSTAINED HER OBJECTION BUT SHERIFF THOMPSON WENT AHEAD AND STATED THAT IN HIS OPINION THE VOICE ON THE TAPE OF THE TRANSACTION WAS THAT OF, APPELLANT'S.

III. WHETHER THE TRIAL COURT ERRED IN OVERRULING THE, APPELLANT'S OBJECTION TO SHERIFF THOMPSON'S TESTIMONY CONCERNING HIS OPINION THAT THE ...


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