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O'Donnell v. State

Court of Appeals of Mississippi

April 7, 2015

RYAN NICHOLAS O'DONNELL A/K/A RYAN O'DONNELL, JR. A/K/A RYAN O'DONNELL A/K/A JOSEPH LYNN FRANCIS, APPELLANT
v.
STATE OF MISSISSIPPI, APPELLEE

DATE OF JUDGMENT: 08/07/2013.

Page 908

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Page 909

[Copyrighted Material Omitted]

Page 910

COURT FROM WHICH APPEALED: HARRISON COUNTY CIRCUIT COURT. TRIAL JUDGE: HON. ROGER T. CLARK.

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

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

BEFORE IRVING, P.J., BARNES, AND MAXWELL, JJ. LEE, C.J., IRVING AND GRIFFIS, P.JJ., ISHEE, ROBERTS, MAXWELL AND FAIR, JJ., CONCUR. JAMES, J., CONCURS IN PART WITHOUT SEPARATE WRITTEN OPINION. CARLTON, J., NOT PARTICIPATING.

OPINION

Page 911

NATURE OF THE CASE: CRIMINAL - FELONY

BARNES, J.

[¶1] After a two-day trial, a Harrison County jury convicted Ryan O'Donnell of possession of methamphetamine. The trial court sentenced him to eight years as a habitual offender in the custody of the Mississippi Department of Corrections (MDOC). Finding no error, we affirm.[1]

SUMMARY OF FACTS AND PROCEDURAL HISTORY

[¶2] On the morning of February 24, 2012, Investigator Matt Haley and Sergeant Christopher Hearn of the Harrison County Sheriff's Department participated in a drug " roundup," where a group of law enforcement officers went out together and attempted to serve several outstanding warrants. They had an arrest warrant for O'Donnell and discovered he was at the Broadway Express Inn, room 132, in Biloxi, Mississippi. Investigator Haley testified that at approximately 11:00 a.m. they arrived at the motel and knocked on the door of room 132. When there was no answer, the officers went to the check-in area of the motel, and explained to motel management that they had an active warrant for someone believed to be in room 132, and asked for assistance in getting into ...


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