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Beal v. State

Court of Appeals of Mississippi

March 11, 2014

DENNIS JEROME BEAL A/K/A DENNIS BEAL, APPELLANT
v.
STATE OF MISSISSIPPI, APPELLEE

COURT FROM WHICH APPEALED: MADISON COUNTY CIRCUIT COURT. DATE OF JUDGMENT: 12/14/2011. TRIAL JUDGE: HON. JOHN HUEY EMFINGER. TRIAL COURT CONVICTED OF ONE COUNT OF THE SALE OF COCAINE AND SENTENCED, AS A HABITUAL OFFENDER AND SUBSEQUENT DRUG OFFENDER, TO SIXTY YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS, WITHOUT ELIGIBILITY FOR PAROLE, PROBATION, OR REDUCTION OR SUSPENSION OF THE SENTENCE, AND ORDERED TO PAY A $2,000,000 FINE.

DISPOSITION: AFFIRMED.

FOR APPELLANT: EARNESTINE ALEXANDER.

FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL, BY: BILLY L. GORE.

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

OPINION

Page 384

NATURE OF THE CASE: CRIMINAL - FELONY

ROBERTS, J.

¶1. Following a jury trial in the Madison County Circuit Court, Dennis Beal was convicted of selling cocaine to a confidential informant, and he was sentenced to sixty years in the custody of the Mississippi Department of Corrections (MDOC), as a habitual offender pursuant to Mississippi Code Annotated section 99-19-81 (Rev. 2007). He was also ordered to pay a $2,000,000 fine. Beal raises three issues on appeal, primarily regarding the admission or exclusion of evidence and testimony at trial and the denial of a jury instruction. We find Beal's arguments to be without merit; therefore, we affirm.

FACTS AND PROCEDURAL HISTORY

¶2. In late March 2009, a man met members of the Madison County Sheriff's Department to act as a confidential informant (CI) on a drug-buying operation. The CI was searched and given thirty dollars with which to buy cocaine. Captain Tommy Jones and Narcotics Agent Trey Curtis wired the CI with video and audio equipment in order to document the transaction.[1] Captain Jones and Agent Curtis drove the CI to the area of Laura Drive in Madison County. Shortly thereafter, the CI encountered Beal and got into Beal's vehicle. The CI gave Beal thirty dollars in exchange for two rocks of crack cocaine. Following the drug exchange, Captain Jones and Agent Curtis picked up the CI and drove him to another location, where they recovered the drugs and audio/video equipment.

¶3. A Madison County grand jury indicted Beal on one count of selling cocaine in violation of Mississippi Code Annotated section 41-29-139

Page 385

(Rev. 2013).[2] He was also charged under Mississippi Code Annotated section 41-29-147 (Rev. 2013) as a subsequent drug offender subject to an enhanced punishment. Beal's indictment was also later amended to reflect his ...


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