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Casas v. State

March 23, 1999

JOSE CASAS A/K/A JOSE EVERADO CASAS APPELLANT
v.
STATE OF MISSISSIPPI APPELLEE



Before Thomas, P.j., Lee, And Southwick, JJ.

The opinion of the court was delivered by: Thomas, P.j.

DATE OF JUDGMENT: 05-26-95

TRIAL JUDGE: HON. JOHN M. MONTGOMERY

COURT FROM WHICH APPEALED: CIRCUIT COURT OF LOWNDES COUNTY

DISTRICT ATTORNEY: FORREST ALLGOOD

NATURE OF THE CASE: CRIMINAL - FELONY

TRIAL COURT DISPOSITION: TRANSFER OF COCAINE AND MARIJUANA

DISPOSITION: AFFIRMED - 03/23/99

MOTION FOR REHEARING FILED:

CERTIORARI FILED:

MANDATE ISSUED:

¶1. Jose Everado Casas was convicted of one count of transfer of marijuana and one count of transfer of cocaine in the Circuit Court of Lowndes County. He was sentenced to serve two eighteen year sentences to run concurrently and fined $10,000 for each count. He appeals pro se to this Court and presents four issues for our consideration which he claims warrant a reversal of his conviction. He contends that the indictment was faulty for naming him as an habitual offender, that there was a problem with the credibility of prosecution witness Roy Kim Price, that no lab report or drug analysis was offered to prove that the substances were marijuana and cocaine, and that defense counsel was constitutionally ineffective. We disagree and affirm.

FACTS

ΒΆ2. Roy Kim Price was in the Lowndes County Jail on cocaine possession charges and with assault and burglary charges pending against him when he went to Officers Kevin Petrie and Joey Brackin, both narcotics officers, offering to assist them in narcotics cases if they would assist him on the pending charges against him. Price proposed to the agents that he would set up a sale of narcotics by Joe Casas, and the officers gave him the opportunity. In exchange for Price's help, the officers evidently were instrumental in getting one of the charges against ...


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