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Braxton v. State

April 21, 1998

BRAXTON
v.
STATE



Before Bridges, C.j., Herring, And Southwick, JJ.

The opinion of the court was delivered by: Southwick, J., For The Court

DERRICK BRAXTON, 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: 11/19/96

TRIAL JUDGE: HONORABLE JOHN LESLIE HATCHER

COURT FROM WHICH APPEALED: TUNICA COUNTY CIRCUIT COURT

DISTRICT ATTORNEY: LAWRENCE Y. MELLEN

NATURE OF THE CASE: CRIMINAL - FELONY

TRIAL COURT DISPOSITION: SALE OF A CONTROLLED SUBSTANCE (COCAINE): SENTENCED TO SERVE 15 YEARS IN THE MDOC; PAY A FINE OF $5,000 & A CRIME LAB FEE OF $200

DISPOSITION AFFIRMED - 4/21/98

Derrick Braxton was convicted of sale of cocaine by the Tunica County Circuit Court and sentenced to serve fifteen years in the Mississippi Department of Corrections. Braxton appeals alleging that the verdict is against the overwhelming weight of the evidence. It is not, and we affirm.

FACTS

At 7:30 p.m. on August 15, 1996, Kary Ellington and Jerome Hudson, two members of the North Central Narcotics Task Force, were driving on Flag Street in Tunica, Mississippi in an unmarked car. At the intersection of Flag and Union, the officers were flagged down by a black male, later identified by the officers as the defendant Derrick Braxton. Braxton asked Officer Ellington what he needed. Ellington responded that he needed a "twenty," meaning twenty dollars worth of crack cocaine. Braxton gave Ellington a packet containing a rock of crack cocaine and Ellington gave Braxton twenty dollars in exchange. Ellington handed the packet to Officer Hudson.

Ellington, assistant director and field supervisor of the task force, testified first for the State. He positively identified Braxton as the man who had sold him the rock of cocaine. Ellington testified to the basic facts of the transaction. He also stated that there had been a video camera in the car, but it had malfunctioned. Soon after the event, Hudson made notes regarding the buy. ...


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