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Bracey v. State

December 18, 1998

TERRELL BRACEY APPELLANT
v.
STATE OF MISSISSIPPI APPELLEE



Before Bridges, C.j., Hinkebein, And King, JJ.

The opinion of the court was delivered by: Hinkebein, J.,

DATE OF JUDGMENT: 12/04/96

TRIAL JUDGE: HON. JAMES E. GRAVES JR.

COURT FROM WHICH APPEALED: HINDS COUNTY CIRCUIT COURT

NATURE OF THE CASE: CRIMINAL - FELONY

TRIAL COURT DISPOSITION: C/S SALE COCAINE: SENTENCED TO SERVE A TERM OF 25 YRS IN THE CUSTODY OF THE MDOC

DISPOSITION: AFFIRMED - 12/18/98

¶1. Terrell Bracey appeals from his conviction in the Circuit Court of Hinds County of sale of cocaine in violation of Miss. Code Ann. § 41-29-139 (Rev. 1993). The trial court sentenced Bracey to serve twenty-five years in the custody of the Mississippi Department of Corrections. On appeal he raises the following issues:

ISSUE ONE: THE APPELLANT FAILED TO RECEIVE EFFECTIVE ASSISTANCE OF COUNSEL AS REQUIRED BY THE UNITED STATES AND MISSISSIPPI CONSTITUTIONS.

ISSUE TWO: THE TRIAL COURT ERRED IN NOT REQUIRING THE STATE'S WITNESS TO REVEAL THE IDENTITY OF THE CONFIDENTIAL INFORMANT.

ISSUE THREE: THE TRIAL COURT ERRED BY NOT INQUIRING, ON THE RECORD, WHETHER OR NOT THE APPELLANT DESIRED TO TESTIFY IN HIS OWN DEFENSE.

¶2. We find no error and affirm the conviction and sentence.

FACTS

¶3. On March 10, 1994, Chris McMillin, an undercover agent with the Mississippi Bureau of Narcotics, was attempting to buy illegal drugs from street level dealers in the Jackson, Mississippi area. Agent McMillin called the pager number given him by a confidential informant. The call was returned and a meeting was planned with "Shorty". The meeting took place in the parking lot of the Wendy's restaurant on Woodrow Wilson Boulevard near North State Street.

ΒΆ4. Agent McMillin and the confidential informant met the individual known as "Shorty" and purchased 2.4 grams of crack cocaine in the form of fourteen rocks for $200. A tape recording was made of the transaction. Agent Scott Biggers of the Bureau of Narcotics was observing from a nearby location. At trial, Agent McMillin testified that he later ...


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