Before McMILLIN, P.j., Diaz, And Payne, JJ.
The opinion of the court was delivered by: McMILLIN, P.j.
DATE OF JUDGMENT: 04/23/96
TRIAL JUDGE: HON. KEITH STARRETT
COURT FROM WHICH APPEALED: LINCOLN COUNTY CIRCUIT COURT
NATURE OF THE CASE: CRIMINAL - FELONY
TRIAL COURT DISPOSITION: UNLAWFUL POSSESSION OF MORE THAN ONE OUNCE BUT LESS THAN ONE KILOGRAM OF MARIJUANA WITH INTENT TO DISTRIBUTE: SENTENCED TO SERVE 10 YRS WITH THE LAST 6 YRS TO SERVE ON POST CONVICTION RELEASE SUPERVISION, PAY $2000 FINE, COURT COST
DISPOSITION: AFFIRMED - 12/18/98
¶1. Kirby Jones was convicted by a Lincoln County Circuit Court jury of possession with intent to distribute of more than one ounce but less than one kilogram of marijuana. He appeals that conviction to this Court, raising three issues which he argues warrant a reversal of his conviction. We disagree and affirm.
¶2. An undercover informant told a Wesson police officer, Steven Carlisle, that he had observed a large quantity of crack cocaine and marijuana at Kirby Jones's residence. Carlisle relayed this information to Gary Vanderslice, an agent with the local narcotics task force. Vanderslice met with the informant, installed a concealed radio transmitter on his person, furnished him with $60 in marked bills, and directed him to attempt to purchase drugs from Jones at the residence. Vanderslice listened via the radio transmitter to the informant completing a purchase and immediately thereafter recovered from the informant three pieces of rock-like substance that resembled crack cocaine.
¶3. Based on this information, Vanderslice and other officers went to the property and secured it while Vanderslice went before a Justice court Judge and obtained a search warrant for the premises. In support of his request for a warrant, Vanderslice filed his written affidavit essentially outlining the foregoing facts. The informant did not appear before the Justice court Judge.
¶4. The search conducted pursuant to the warrant produced a brown paper bag containing three plastic bags of marijuana, a gun, two sets of pharmacist's scales, and two stacks of money totaling $2,463. A second bag of marijuana was found on a trail outside the residence. No cocaine was discovered in the search, but Jones was charged in connection with the marijuana. It is important to keep in mind that this case does not directly involve the ...