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[T] Barnes v. State

May 05, 1998

BRYANT BARNES, 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: 11/19/96

TRIAL JUDGE: HON. JOHN LESLIE HATCHER

COURT FROM WHICH APPEALED: TUNICA COUNTY CIRCUIT COURT

BY: SCOTT STUART

DISTRICT ATTORNEY: PHILIP WEINBERG

NATURE OF THE CASE: CRIMINAL - FELONY

TRIAL COURT DISPOSITION: SALE OF A CONTROLLED SUBSTANCE (COCAINE): SENTENCED TO SERVE A TERM OF 12 YRS; 6 YRS TO SERVE IN MDOC & 6 YRS SUSPENDED; PAY $5,000, A CRIME LAB FEE OF $200 & ALL COURT COSTS THROUGH GREENWOOD LEFLORE COUNTY RESTITUTION CENTER

DISPOSITION AFFIRMED

Bryant Barnes was convicted of the sale of cocaine and sentenced to a term of twelve years with six years suspended and six years to serve in the custody of the Mississippi Department of Corrections and ordered to pay a fine in the amount of $5,000. Barnes's motion for JNOV or, in the alternative, a new trial was denied. Finding no error, we affirm.

FACTS

On March 15, 1996, Officers Kary Ellington, Jerome Hudson, and Mary Nolden of the North Central Narcotics Task Force were conducting an undercover drug operation in Robinsonville, Mississippi. According to the testimony, the officers stopped their car on Front Street and Ellington motioned for a man standing on the street to come to the vehicle. The man, identified as Greg Hargrove, approached the vehicle and spoke with Ellington. Ellington testified that he asked Hargrove to sell him a "stone", and Hargrove indicated that his "boy" could make the sale. Shortly thereafter, Barnes approached the vehicle and asked Ellington if he was "the man." When Ellington responded negatively, Barnes left the vehicle and went into a house located nearby. Barnes subsequently returned to the vehicle and told Ellington that he would have to get out of the car if he wanted to make the purchase. Ellington testified that he complied with Barnes's request, got out of the vehicle and walked fifty to seventy-five feet in front of the vehicle where he then purchased $60 worth of cocaine from Barnes.

The officers's vehicle was equipped with a video camera that recorded everything that took place between Ellington and Barnes while they were at the car. The video camera, however, did not record sound or the events that occurred during the actual drug buy fifty feet from the car. The tape was played for the jury and all three ...


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