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Carroll v. State

March 23, 1999

DENNIS CARROLL A/K/A DENNIS LEE CARROLL APPELLANT
v.
STATE OF MISSISSIPPI APPELLEE



Before Bridges, C.j., Coleman, Irving, And Payne, JJ.

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

DATE OF JUDGMENT: 08/20/1997

TRIAL JUDGE: HON. GEORGE B. READY

COURT FROM WHICH APPEALED: DESOTO COUNTY CIRCUIT COURT

DISTRICT ATTORNEY: ROBERT L. WILLIAMS

NATURE OF THE CASE: CRIMINAL - FELONY

TRIAL COURT DISPOSITION: CONVICTED OF ONE COUNT OF POSSESSION OF CONTROLLED SUBSTANCE; SENTENCED TO A THREE YEAR TERM OF INCARCERATION IN THE CUSTODY OF THE MDOC

DISPOSITION: AFFIRMED - 03/23/1999

MOTION FOR REHEARING FILED:

CERTIORARI FILED:

MANDATE ISSUED:

PROCEDURAL POSTURE AND ISSUES PRESENTED

¶1. This case is before the Court challenging the judgment of Circuit Court of DeSoto County of conviction of one count of possession of cocaine and sentence of three years incarceration in the custody of the Mississippi Department of Corrections. After unsuccessfully seeking a JNOV, Carroll filed this pro se appeal, raising four issues for our consideration: 1) whether the trial court erred in classifying residue as a controlled substance, 2) whether the State erred in its opening and closing statements, 3) whether the indictment was defective on its face, and 4) whether Carroll was denied effective assistance of counsel. After reviewing the record, briefs, and legal authority, we find no merit in Carroll's arguments. Accordingly, we affirm the conviction and sentence in this case.

FACTS

ΒΆ2. On April 19, 1996, a vehicle in which Carroll was the front-seat passenger was stopped by Hernando Police Officer Chris Sing for a traffic violation. After discovering that the driver had no operator's license, Officer Sing placed the driver in his police cruiser and asked Carroll to exit the vehicle. While conducting a limited patdown search to ensure his safety, a back-up Hernando officer, Officer Riley, responded to the scene. Officer Riley, noticing that Carroll had something orange in his hand, verbally commanded Carroll to surrender what he was holding. Reluctantly obeying Riley's command, Carroll surrendered the items by throwing them in a nearby ditch. Officer Riley later retrieved two syringes from the ditch. In addition, a bottle cap containing a white substance was retrieved from the back ...


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