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Miller v. State

Court of Appeals of Mississippi

February 4, 2014

TARVARCUS MILLER A/K/A TARVARCUS D. MILLER, APPELLANT
v.
STATE OF MISSISSIPPI, APPELLEE

DATE OF JUDGMENT: 07/06/2012.

COURT FROM WHICH APPEALED: LAFAYETTE COUNTY CIRCUIT COURT. TRIAL JUDGE: HON. JOHN ANDREW GREGORY. TRIAL COURT CONVICTED OF SALE OF A CONTROLLED SUBSTANCE AND SENTENCED, AS A HABITUAL OFFENDER, TO THIRTY YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS, WITHOUT ELIGIBILITY FOR PAROLE OR PROBATION.

FOR APPELLANT: OFFICE OF STATE PUBLIC DEFENDER, BY: GEORGE T. HOLMES, ERIN ELIZABETH PRIDGEN.

FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL, BY: LADONNA C. HOLLAND.

BEFORE GRIFFIS, P.J., ROBERTS AND FAIR, JJ. LEE, C.J., IRVING, P.J., BARNES, ISHEE, ROBERTS, CARLTON, MAXWELL, FAIR AND JAMES, JJ., CONCUR.

OPINION

Page 200

NATURE OF THE CASE: CRIMINAL - FELONY

GRIFFIS, P.J.

¶1. Tarvarcus Miller appeals his conviction of sale of a controlled substance. In

Page 201

the brief filed by the Office of State Public Defender, Indigent Appeals Division, Miller claims that it was error to allow the testimony of a technical reviewer of the drug-analysis report. Miller also filed a pro se supplemental brief that asserted additional errors. Having reviewed all of the issues submitted, we find no error and affirm.

FACTS

¶2. Miller was indicted for the sale of .6 grams of cocaine, which is a Schedule II controlled substance, in violation of Mississippi Code Annotated section 41-29-139(a)(1) (Rev. 2013). During his trial, the State presented three witnesses: Lafayette County Metro Narcotics Agent Barry Magee, confidential informant Justin Harris, and Teresia Hickman, a forensic scientist with the Mississippi Crime Lab.

¶3. Agent Magee and Harris testified about a controlled purchase of cocaine that occurred on June 16, 2011. Harris met with Agent Magee, and the other narcotics agents, before the transaction. The agents searched Harris's truck and his person. The agents equipped Harris's vehicle with a video-surveillance device and placed an audio-recording device on him. Agent Magee gave Harris $60 to purchase cocaine.

¶4. Harris then called Miller to arrange a meeting to purchase cocaine. At Miller's instruction, Harris picked Miller up at an apartment complex and drove him to the Cambridge Station Apartments. Miller then got out of the car and went into one of the apartments, while Harris waited in the car. After about ten to fifteen minutes, Miller came out of the apartment with .6 grams of cocaine. Miller got back in the car and exchanged the cocaine for Harris's $60, which was the money supplied to Harris by Agent Magee. Harris then dropped Miller off at his original location, drove back to the ...


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