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[T] Kraft v. State

May 12, 1998

GLEN KRAFT A/K/A GLYN J. CRAFT A/K/A GLYN CRAFT A/K/A GLYN JENMEL CRAFT A/K/A GLEN JEMEL CRAFT A/K/A GLEN J. CRAFT, APPELLANT
v.
STATE OF MISSISSIPPI, APPELLEE



Before Bridges, C.j., McMILLIN And Thomas, P.jj.

The opinion of the court was delivered by: Thomas, 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: 07/12/96

TRIAL JUDGE: HON. MICHAEL RAY EUBANKS

COURT FROM WHICH APPEALED: MARION COUNTY CIRCUIT COURT

NATURE OF THE CASE: CRIMINAL - FELONY

TRIAL COURT DISPOSITION: SALE OF A CONTROLLED SUBSTANCE HABITUAL OFFENDER & SECOND & SUBSEQUENT DRUG OFFENDER: SENTENCED TO SERVE A TERM OF 60 YRS IN THE CUSTODY OF THE MDOC WITHOUT THE ELIGIBILITY OF PAROLE

MOTION FOR REHEARING FILED:

CERTIORARI FILED:

MANDATE ISSUED:

Glen Kraft appeals his conviction of the sale of a controlled substance raising the following issues as error:

I. IT WAS ERROR AND CRUEL AND UNUSUAL PUNISHMENT UNDER THE EIGHTH AMENDMENT TO THE UNITED STATES CONSTITUTION AND ARTICLE 3, § 28 OF THE MISSISSIPPI CONSTITUTION OF 1890 FOR THE COURT TO SENTENCE KRAFT UNDER TWO ENHANCEMENT STATUTES, § NAMELY MISS. CODE ANN. 41-29-147 (REV. 1993) AND MISS. CODE § ANN. 99-19-81 (REV. 1994).

II. THE COURT COMMITTED REVERSIBLE ERROR WHEN IT DID NOT SUSTAIN THE DEFENDANT'S MOTION FOR A DIRECTED VERDICT AT THE CLOSE OF THE STATE'S CASE-IN-CHIEF AND AT THE CLOSE OF THE TRIAL.

III. THE COURT COMMITTED REVERSIBLE ERROR BY NOT GRANTING DEFENSE JURY INSTRUCTION D-1 WHICH WAS A DIRECTED VERDICT OF "NOT GUILTY."

IV. THE VERDICT OF GUILTY WENT AGAINST THE WEIGHT OF THE EVIDENCE AND WAS BASED ON BIAS AND PREJUDICE.

V. IT WAS ERROR FOR THE COURT TO GRANT ITS ORDER AMENDING THE INDICTMENT IN THIS CASE TO CHARGE KRAFT AS A SUBSEQUENT OFFENDER.

VI. IT WAS REVERSIBLE ERROR FOR THE COURT TO READ AN INSTRUCTION TO THE JURY SUA SPONTE WITHOUT ALLOWING THE DEFENDANT TO ...


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