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Brown v. State

Court of Appeals of Mississippi

March 18, 2014

EDDIE JOSEPH BROWN A/K/A EDDIE JOSEPH BROWN, JR. A/K/A EDDIE J. BROWN, JR., APPELLANT
v.
STATE OF MISSISSIPPI, APPELLEE

COURT FROM WHICH APPEALED: HARRISON COUNTY CIRCUIT COURT. DATE OF JUDGMENT: 03/14/2012. TRIAL JUDGE: HON. JOHN C. GARGIULO. TRIAL COURT CONVICTED OF POSSESSION OF A CONTROLLED SUBSTANCE AND SENTENCED AS A HABITUAL OFFENDER TO THIRTY-TWO YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS WITHOUT ELIGIBILITY FOR PAROLE OR PROBATION.

DISPOSITION: AFFIRMED.

FOR APPELLANT: OFFICE OF STATE PUBLIC DEFENDER, BY: GEORGE T. HOLMES, PHILLIP BROADHEAD.

FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL, BY: LISA L. BLOUNT.

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

OPINION

Page 625

NATURE OF THE CASE: CRIMINAL - FELONY

ISHEE, J.

¶1. In March 2012, Eddie Joseph Brown was convicted in the Harrison County Circuit Court, Second Judicial District, of possession of cocaine. He was sentenced as a habitual offender to serve thirty-two years in the custody of the Mississippi Department of Corrections (MDOC) without eligibility for parole or probation. Brown subsequently filed a motion for a judgment notwithstanding the verdict (JNOV) or, in the alternative, a new trial. The circuit court denied the motion. Aggrieved, Brown now appeals. Finding no error, we affirm.

STATEMENT OF FACTS

¶2. On December 20, 2010, Brown and his on-again-off-again girlfriend, Jamise Floyd, were arrested in Biloxi, Mississippi, for possession of cocaine after police officers discovered the substance in the console of the couple's vehicle. Brown and Floyd both testified at trial. However, their versions of the events that occurred on the night in question are divergent.

¶3. Brown testified that on that night, Floyd called him to pick her up from a friend's house that evening. Brown was with his cousin, Willie Taylor, who was driving Brown and Floyd's vehicle at the time Brown received the alleged call. Brown asserted that another cousin was also present in the vehicle at the time.

¶4. Brown stated that after picking up Floyd, the four of them drank beer together before the two cousins were dropped off at ...


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