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[T] Lee v. State

May 12, 1998

FLOYD LEE, APPELLANT
v.
STATE OF MISSISSIPPI, APPELLEE



Before Southwick, P.j., Diaz, And King, 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: 06/28/96

TRIAL JUDGE: HON. KENNETH LEVENE THOMAS

COURT FROM WHICH APPEALED: BOLIVAR COUNTY CIRCUIT COURT

NATURE OF THE CASE: CRIMINAL - FELONY

TRIAL COURT DISPOSITION: CT I POSSESSION OF COCAINE: CT II POSSESSION OF MARIJUANA: CT III POSSESSION OF A FIREARM BY A CONVICTED FELON: CT I SENTENCED TO 3 YEARS & PAY $5,000.00 FINE; CT II SENTENCED TO PAY $200.00; CT III SENTENCED TO 2 YEARS & PAY $1,000.00

MOTION FOR REHEARING FILED:

CERTIORARI FILED:

MANDATE ISSUED:

Floyd Lee was found guilty by a Bolivar County Circuit Court jury of possession of cocaine, possession of marijuana, and possession of a firearm by a convicted felon. Lee claims on appeal that he was denied a fair trial because he was not allowed to inform the jury that his brother Eugene Lee had been indicted for the same offenses, nor was he permitted to introduce the grand jury evidence against his brother. Finding no merit to Lee's assertion of error, we affirm.

At approximately 2:00 a.m. on September 30, 1995, members of the Central Delta Drug Task Force executed a search warrant at the residence attached to Lee's Mini Mart located in Shaw. The residence apparently belonged to Lee, though Courtney Williams (Williams), Lee's girlfriend, and Eugene Lee, his brother, were found asleep on the premises. The purpose of the search was to locate controlled substances thought to be on the premises.

Upon entry into the residence, the officers found Lee and his girlfriend asleep in his bed. During their search, the officers found a Crown Royal Canadian whiskey bag hanging from a nail near the kitchen. The bag contained crack cocaine, powdered cocaine, and marijuana. The officers also found a loaded revolver between the mattresses directly underneath Lee, an unloaded revolver in the chest of drawers in the bedroom, and an unloaded shotgun underneath Lee's bed.

Williams was taken to jail and later indicted for possession of cocaine and possession of marijuana. Lee and his brother Eugene were questioned in the living room of the residence before being transported to jail. Both brothers were indicted for possession of cocaine, possession of marijuana, and possession of a firearm by a convicted felon. The trial court ordered a nolle prosequi on the charges against Eugene Lee approximately two weeks before Floyd Lee's trial. Floyd Lee and Williams were tried ...


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