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[T] Turner v. State

May 05, 1998

JAMES TURNER A/K/A "HOCKEY", APPELLANT
v.
STATE OF MISSISSIPPI, APPELLEE



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

The opinion of the court was delivered by: Herring, 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: 04/18/96

TRIAL JUDGE: HON. BETTY W. SANDERS

COURT FROM WHICH APPEALED: LEFLORE COUNTY CIRCUIT COURT

BY: JEFFREY A. KLINGFUSS

DISTRICT ATTORNEY: FRANK CARLTON

NATURE OF THE CASE: CRIMINAL - FELONY

TRIAL COURT DISPOSITION: CT I & CT 2 SALE OF COCAINE: CT I SENTENCED TO 14 YRS; DRUG & ALCOHOL DETERMINED BY THE MDOC; $5,000 FINE; CT II 20 YRS; DRUG & ALCOHOL DETERMINED BY THE MDOC; PAY COURT COSTS; 4 YRS SUSPENDED IN CT II; SENTENCES TO RUN CONCURRENTLY

James Turner was convicted of two counts of sale of cocaine and sentenced to fourteen years on count I and fined $5,000. On count II, Turner was sentenced to twenty years with four years suspended, the sentences to run concurrently. On appeal, Turner argues the following:

I. JAMES TURNER WAS DENIED EFFECTIVE ASSISTANCE OF COUNSEL.

A. TRIAL COUNSEL FAILED TO PROPERLY INVESTIGATE DEFENDANT'S POTENTIAL ALIBI DEFENSE AND DEFENSE OF MISTAKEN IDENTITY.

B. TRIAL COUNSEL FAILED TO CONDUCT DISCOVERY OR TO CONDUCT A PROPER PRE-TRIAL INVESTIGATION INTO THE FACTS OF THE DEFENDANT'S CASE.

C. TRIAL COUNSEL FAILED TO REQUEST ANY JURY ...


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