Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Magee v. State

Court of Appeals of Mississippi

May 29, 2018

JOHN H. MAGEE A/K/A JOHN HENRY MAGEE A/K/A JOHN MAGEE APPELLANT
v.
STATE OF MISSISSIPPI APPELLEE

          DATE OF JUDGMENT: 04/12/2017

          COURT FROM WHICH APPEALED: HARRISON COUNTY CIRCUIT COURT, FIRST JUDICIAL DISTRICT HON. CHRISTOPHER LOUIS SCHMIDT TRIAL JUDGE

          ATTORNEY FOR APPELLANT: OFFICE OF STATE PUBLIC DEFENDER BY: GEORGE T. HOLMES

          ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY: ABBIE EASON KOONCE

          DISTRICT ATTORNEY: JOEL SMITH

          BEFORE LEE, C.J., FAIR AND GREENLEE, JJ.

          GREENLEE, J.

         FOR THE COURT:

         ¶1. A Harrison County jury convicted John Magee of the illegal transfer of a controlled substance in violation of Mississippi Code Annotated section 41-29-139(a)(1) (Supp. 2017), enhanced per section 41-29-147 (Rev. 2013), and as a habitual offender under section 99-19-81 (Rev. 2015). Magee appeals, asserting that the trial court erred by admitting evidence that $21, 000 cash was in the trunk of his car, found pursuant to a search warrant. Finding no error, we affirm.

         BACKGROUND

         ¶2. In 2015, two Gulfport Police Department narcotics detectives developed information that led them to believe that Magee was selling narcotics. On May 4, 2015, the detectives conducted a controlled purchase, in which Detective Larry McCook posed as an undercover buyer and presented himself to Magee in the parking lot of a retail store. Equipped with a concealed video camera and live audio transmitter, Detective McCook entered Magee's car and purchased four pills from Magee for $150. Testing later revealed three of the pills were oxymorphone and one was hydromorphone.

         ¶3. On May 20, 2015, law enforcement arrested Magee at his home, and pursuant to a search warrant, searched Magee's car. Over 100 dosage units[1] of Schedule II narcotics and approximately $21, 000 cash were found in the car. On November 9, 2015, a Harrison County grand jury indicted Magee on four counts: two counts of transferring a controlled substance, one count of trafficking a controlled substance, and one count of possession of a controlled substance with the intent to transfer or distribute. Magee moved to sever the counts, and the State agreed, electing to try count one, transfer of a controlled substance in violation of section 41-29-139(a)(1), with an enhanced penalty per section 41-29-147, and as a habitual offender under section 99-19-81.

         ¶4. In relation to the remaining charges, Magee filed a motion in limine requesting that the trial court exclude any evidence of other alleged drug sales as being more prejudicial than probative. The trial judge granted the motion. During trial, the State requested that Detective McCook be allowed to testify about Magee's arrest and the search of Magee's vehicle. As part of its request, the State sought to introduce testimony concerning the $21, 000 cash found in Magee's car. The State contended that this testimony was necessary to tell the "complete story" of the crime because it was unusual for a person to have so much cash in his car. Magee's counsel argued that the specific dollar amount would be overly prejudicial. The trial judge ultimately allowed the testimony.

         ¶5. Velveda Harried, a forensic scientist, confirmed that the pills Detective McCook purchased were oxymorphone and hydromorphone, both Schedule II controlled substances. A video and audio recording of the transfer was played for the jury, and a still ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.