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[T] Jackson v. State

May 05, 1998

LARRY JACKSON A/K/A LARRY JEROME JACKSON, APPELLANT
v.
STATE OF MISSISSIPPI, APPELLEE



Before Southwick, P.j., Coleman,and Diaz, JJ.

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

THIS OPINION IS NOT DESIGNATED FOR PUBLICATION AND MAY NOT BE CITED, PURSUANT TO M.R.A.P. 35-B

DATE OF JUDGMENT: MAY 22, 1996

TRIAL JUDGE: HONORABLE WARREN ASHLEY HINES

COURT FROM WHICH APPEALED: WASHINGTON COUNTY CIRCUIT COURT

DISTRICT ATTORNEY: FRANK CARLTON

NATURE OF THE CASE: CRIMINAL - FELONY

TRIAL COURT DISPOSITION: SALE OF COCAINE 2 CTS (HABITUAL OFFENDER): CT I SENTENCED TO A TERM OF 30 YRS; CT II SENTENCED TO 30 YRS (HABITUAL), TO RUN CONCURRENTLY; DEFENDANT ORDERED TO PAY ALL COURT COSTS, $242.50

DISPOSITION AFFIRMED -

Larry Jerome Jackson was convicted by a jury in the Circuit Court of Washington County of two counts of sale of cocaine. Jackson appeals on the basis of the following issues: (1) the trial court erred in failing to require him to submit to a psychological examination prior to trial; (2) the court misinformed him of the actual sentence he would serve upon conviction by a jury; (3) the evidence failed to support a conviction in view of the discrepancy in the description of him; and (4) the court improperly allowed the State to amend the indictment during the sentencing phase of the trial. We find no error and affirm.

STATEMENT OF FACTS

On November 14, 1994, the Central Delta Drug Task Force conducted a series of undercover investigations in Greenville, Mississippi, targeting street corner drug dealers in the community. The violators would be arrested at a later date after all of the individuals were identified. The task force solicited the assistance of William Young, an undercover confidential informant. Young was wired with a body transmitter. A video camera was hidden in the rear of his automobile in an effort to assist in identifying the violators. The task force then gave Young funds to purchase drugs and instructed him to go to a designated area. The task force agents followed Young in a second vehicle; however, the agents distanced their vehicle from Young to avoid detection. The agents testified that they maintained audio and visual contact with Young during the operations.

As Young approached one suspected site, Agent Bingham testified that he observed "a black male wearing a green jacket, a hat, pants, approximately 5-foot-11, 200 pounds" approach Young's vehicle. Young stated that he informed the individual that he wanted "a twenty-dollar rock," but the individual alleged that he only had "ten or fifteen on him." Young purchased the "rock" from the individual and then proceeded to the task force briefing area. The agents "field tested" the "rock" and viewed the video of the incident. The video did not clearly identify the individual because of the position of the camera. Therefore, the agents decided to attempt to make a second purchase.

Young returned to the area and this time the same individual entered Young's vehicle. Young traveled approximately a block and a half with the individual, purchased a "twenty-dollar rock," and then dropped him off back at the corner. Once Young returned to the briefing area, he handed an agent the "rock" and gave a description of the individual. ...


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