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Bowlin v. State

Supreme Court of Mississippi

January 15, 2015

RICHARD W. BOWLIN a/k/a RICHARD BOWLIN
v.
STATE OF MISSISSIPPI

DATE OF JUDGMENT: 02/17/2010.

COURT FROM WHICH APPEALED: LOWNDES COUNTY CIRCUIT COURT. TRIAL JUDGE: HON. LEE J. HOWARD.

FOR APPELLANT: W. DANIEL HINCHCLIFF, GEORGE T. HOLMES, OFFICE OF STATE PUBLIC DEFENDER.

FOR APPELLEE: BARBARA WAKELAND BYRD, OFFICE OF THE ATTORNEY GENERAL.

BEFORE DICKINSON, P.J., KITCHENS AND CHANDLER, JJ. DICKINSON AND RANDOLPH, P.JJ., LAMAR, CHANDLER, PIERCE, KING AND COLEMAN, JJ., CONCUR. WALLER, C.J., NOT PARTICIPATING.

OPINION

NATURE OF THE CASE: CRIMINAL - FELONY

Page 884

KITCHENS, JUSTICE.

¶1. Richard Bowlin was convicted of three counts of sale or transfer of a controlled substance in the Circuit Court of Lowndes County. He was sentenced as an habitual offender to three concurrent thirty-year sentences without the possibility of parole and fined $1 million for each count. Bowlin's appellate counsel has filed a brief pursuant to Lindsey v. State, 939 So.2d 743 (Miss. 2005), certifying that he has scoured the record and has found no arguments to raise on appeal. Bowlin, as is his right under Lindsey, has filed his own pro se brief, raising several issues related to the alleged ineffectiveness of his trial and appellate counsel. We also have scoured the record, and, finding no meritorious arguments to be made for Bowlin on appeal, we affirm his convictions and sentences. Bowlin's ineffective-assistance-of-counsel claims are better deferred for an application for post-conviction relief, so we dismiss those points of error without prejudice, to be raised in a petition for post-conviction relief, should Bowlin choose to file such within the time allowed.

FACTS AND PROCEDURAL HISTORY

¶2. In May 2009, Ashley Matthews,[1] a resident of Alabama and daughter of Richard Bowlin, contacted Alabama authorities and informed them that she could perform an undercover drug buy from her father. Matthews called Bowlin asking whether she could buy some morphine patches. He said that he was out of them, but that he had something else he could sell her. Matthews arranged to meet him to conduct the transaction, and then met with officers of the Mississippi Bureau of Narcotics (MBN) to set up the logistics of the sting. Matthews was interviewed by the MBN agents, fitted with video and audio recording devices, and given two hundred dollars[2] with which to purchase the drugs. The agents searched Matthews's car to ensure that no illegal contraband was within, and the MBN's equipment recorded her from the time she left the agents until she returned after completing the buy from Bowlin.

¶3. Matthews telephoned Bowlin and arranged their meeting for the purpose of purchasing drugs from him. The phone call was recorded. When Matthews arrived at Bowlin's home, she went into his house, where he sold her four bags of pills for the two hundred dollars she had been provided. Matthews left and returned to the location where she had been fitted with the recording equipment. Bowlin left his house after the transaction was complete, and agents arrested him at a nearby store. The twenty-dollar bills that MBN agents

Page 885

had provided Matthews were found by the arresting officers in ...


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