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[T] Jackson v. State

May 05, 1998

JOHN JACKSON A/K/A JOHN DARRIE JACKSON, APPELLANT
v.
STATE OF MISSISSIPPI, APPELLEE



Before Thomas, P.j., Hinkebein, And Payne, JJ.

The opinion of the court was delivered by: Payne, 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: 11/01/96

TRIAL JUDGE: HON. KENNETH LEVENE THOMAS

COURT FROM WHICH APPEALED: BOLIVAR COUNTY CIRCUIT COURT

BY: W. GLENN WATTS

DISTRICT ATTORNEY: LAWRENCE Y. MELLEN

NATURE OF THE CASE: CRIMINAL - FELONY

TRIAL COURT DISPOSITION: SALE OF A CONTROLLED SUBSTANCE: SENTENCED TO LIFE IMPRISONMENT, SHALL RUN CONSECUTIVELY TO ANY AND ALL SENTENCES PREVIOUSLY IMPOSED; SENTENCE SHALL NOT BE REDUCED, SUSPENDED, NOR ELIGIBLE FOR PAROLE OR PROBATION; PAY FEES IN THE AMOUNT OF $425

DISPOSITION AFFIRMED

John Jackson was convicted for the sale of cocaine and sentenced as an habitual offender § pursuant to Miss. Code Ann. 99-19-83 (Rev. 1994) to serve a term of life in the custody of the Mississippi Department of Corrections. Jackson's motion for JNOV or, in the alternative, a new trial was denied. Finding no error, we affirm the judgment of the circuit court.

FACTS

On February 8, 1996, Agent Stacy James was participating in an undercover operation with the Central Delta Task Force in Cleveland, Mississippi. Agent James testified that his job was to drive around in a specified area and attempt to purchase cocaine. Agent James testified that he drove up to a man in the area and asked "if he could help him out with two twenties." Agent James indicated that the man retrieved two off-white rock like substances from a pill bottle and gave them to James in exchange for two twenty dollar bills. The entire transaction was videotaped by a camera in James's car. The video was shown to the jury while James explained the events that were taking place.

James unequivocally identified Jackson as the man who sold him the cocaine on the date in question. The State also offered into evidence the testimony of Agent Steve Bingham as well as drug analyst J.C. Smiley, each of whom testified that the ...


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