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Jenkins v. State

April 06, 1999

DEWAIN STEELE JENKINS A/K/A BUBBA JENKINS APPELLANT
v.
STATE OF MISSISSIPPI APPELLEE



Before Southwick, Pj., Diaz And Thomas, JJ.

The opinion of the court was delivered by: Southwick, Pj.

DATE OF JUDGMENT: 07/17/1997

TRIAL JUDGE: HON. MARCUS D. GORDON

NATURE OF THE CASE: CRIMINAL - FELONY

TRIAL COURT DISPOSITION: CT I POSSESSION OF AMPHETAMINE WITH INTENT TO SELL WHILE IN POSSESSION OF FIREARMS: 5 YEARS IN MDOC. CT. II POSSESSION OF METHAMPHETAMINE WITH INTENT TO SELL WHILE IN POSSESSION OF FIREARMS: 25 YEARS IN MDOC, $10,000 FINE.

DISPOSITION: AFFIRMED - 04/06/99

¶1. Dewain Jenkins was convicted by a Neshoba County Circuit Court jury of two counts of possession with intent to sell two different controlled substances while also possessing a firearm. He was convicted. On appeal he argues that the name of a confidential informant whose information led to the search of Jenkins' home should have been disclosed, that a circumstantial evidence instruction was improperly denied, and that the verdict was based on insufficient evidence. We do not find merit in these claims and affirm.

FACTS

¶2. The residence of defendant Dewain "Bubba" Jenkins was searched by the Neshoba County sheriff, a deputy, and agents of the Mississippi Bureau of Narcotics on December 14, 1996. A search warrant had been acquired based on information provided by a confidential informant. Jenkins was there with his girlfriend and their small child. In bedrooms the officers found four weapons, a pill bottle with two rock-like substances, and substantial cash. In the kitchen were mechanical and electronic scales, crystal methamphetamine in a cloth bag, and a book on how to manufacture crystal methamphetamine. A "Scotch-Guard" aerosol can that could be opened and items hidden inside, that a bureau of narcotics officer stated was a type of container commonly used to hide drugs, along with an address book that the State argued revealed Jenkins's customers, were also discovered.

¶3. At trial Terry Buse, who had purchased methamphetamine from Jenkins months before the search, testified as to his purchases, and that he had agreed to work undercover with the bureau of narcotics. Jenkins's attorney theorizes that Buse was one of the confidential informants who provided the information that led to a search warrant being acquired. She asked Buse if he was one of the informants whose information was relied upon for the search warrant. Buse testified that he did not know. Buse is serving a twenty-year federal sentence.

¶4. Another witness testified that she purchased methamphetamine on the West Coast and in Montana for delivery to Jenkins to sell in Mississippi. The drugs were sent by commercial overnight delivery services and other means. Three of the law enforcement officers who conducted the search testified as to what occurred and what was found. An employee of the state crime lab testified as to the fact that what was discovered was methamphetamine and amphetamine.

¶5. Jenkins was convicted of both counts under the indictment.

DISCUSSION

1. Name of confidential ...


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