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Carson v. State

June 11, 1998

CALVIN JAMES CARSON A/K/A BUD CARSON
v.
STATE OF MISSISSIPPI



Before Sullivan, P.j., McRAE And Smith, JJ.

The opinion of the court was delivered by: McRAE, Justice, For The Court:

THIS OPINION IS NOT DESIGNATED FOR PUBLICATION AND MAY NOT BE CITED, PURSUANT TO M.R.A.P. 35-A MEMORANDUM/PER CURIAM AFFIRMANCE

DATE OF JUDGMENT: 03/13/96

TRIAL JUDGE: HON. FRANK G. VOLLOR

COURT FROM WHICH APPEALED: WARREN COUNTY CIRCUIT COURT

NATURE OF THE CASE: CRIMINAL - FELONY

MOTION FOR REHEARING FILED:

MANDATE ISSUED:

Calvin James "Bud" Carson appeals to this Court from his conviction in the Circuit Court of Warren County for the sale of less than one ounce of marijuana. Carson argues that the jury verdict against him was against the overwhelming weight of the evidence and that he was denied the right to confront the State's confidential informant. We find no merit in Carson's argument, and we affirm his conviction in the circuit court below.

I.

On January 31, 1995, Narvel Boyd and undercover agents of the Vicksburg Police Department arranged to purchase illicit drugs from Carson at the Delta Monument Company in Vicksburg, Mississippi. Sergeant Walter Beamon was present when Boyd spoke by telephone to someone at the Delta Monument Company. Beamon dialed the number to the company, and recorded the conversation. Boyd made arrangements to meet with an individual later identified by voice as Carson. The arrangement was to purchase marijuana from Carson. *fn1

At that point, Boyd was wired with a transmitter. Undercover agent Fernando Harris was called and told to meet Boyd and Beamon at a scheduled location. Once there, Boyd was fitted with a tape recorder. Then Officer A.D. "Chip" Denman gave Harris $160 to purchase an ounce of marijuana. Boyd and Harris proceeded to the Delta Monument Company, observed by Beamon and Denman, and Agents Wilson and Bobby Tillman.

At the Delta Monument building, Harris and Boyd observed Carson peep out the window and the door. After they knocked on the door, Carson answered. Boyd introduced Harris as "Big Mike" and asked about the "package." Carson asked for the money and Harris gave Carson $160.00. Carson then went into the house and returned with two five-dollar bills and a plastic bag containing marijuana. The three walked into the kitchen and Carson put the bag on a scale and asked Harris to measure it. Harris measured the bag, which weighed an ounce. After the purchase, Harris and Boyd left.

The plastic bag was later measured and determined to contain less than one ounce of marijuana. The two five-dollar bills received from Carson were preserved. Carson was arrested in October 1995 at Delta Monument Company and was charged with selling the marijuana to Harris. On January 9, 1996, Carson was indicted on one count of sale of less § than an ounce of marijuana under Miss. Code Ann. 41-29-139 (a), a habitual offender count § under Miss. Code Ann. 99-19-81, and a count of second and subsequent offense under the ...


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