Edwards v. State
| Docket Number: | 2003-KA-00166-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 07-27-2004 Opinion Author: Griffis, J. Holding: AFFIRMED IN PART; REVERSED AND RENDERED IN PART; AND REVERSED AND REMANDED IN PART |
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| Additional Case Information: |
Topic: Sale of cocaine & Possession of cocaine - Weight of evidence - Excessive sentence - Lesser-included crime Judge(s) Concurring: King, C.J., Bridges and Southwick, P.JJ., Lee, Irving, Myers and Chandler, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 11-25-2002 Appealed from: Copiah County Circuit Court Judge: Lamar Pickard Disposition: UNLAWFUL SALE OF COCAINE AND UNLAWFUL POSSESSION OF COCAINE - SENTENCED TO 30 YEARS, TO SERVE THE FIRST 18 YEARS WITH THE REMAINDER TO BE SUSPENDED AND 5 YEARS' POSTRELEASE SUPERVISION AND TO PAY A FINE OF $30,000 District Attorney: Alexander C. Martin Case Number: 2002-0175-B CR |
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| Party Name: | Attorney Name: | |||
| Appellant: | Derrick Terrell Edwards |
WILLIAM F. VICK |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: CHARLES W. MARIS |
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| Topic: | Sale of cocaine & Possession of cocaine - Weight of evidence - Excessive sentence - Lesser-included crime |
| Summary of the Facts: | Derrick Edwards was convicted of sale of cocaine and possession of cocaine. He was sentenced to serve a term of thirty years, with twelve years suspended. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Weight of evidence Edwards argues that the verdict was contrary to the law and against the overwhelming weight of the evidence, because no drugs or drug money were found on him and he did not run when the police arrived. Testimony at trial indicated that Edwards went to the home of a man whom Edwards knew was a drug dealer. While there, Edwards took money from Pearly and handed it to Eric Johnson in exchange for drugs. Edwards then handed the drugs to Pearly. The fact that the defendant did not realize a profit on the transaction does not mean that he did not commit the crime of sale of cocaine. Indeed, involvement as a courier is sufficient conduct to support the conviction. The evidence presented supported the jury's verdict of sale of cocaine. Issue 2: Excessive sentence Edwards argues that his sentence of thirty years, with twelve years suspended, exceeded the maximum sentence allowed by statute. While it is true the jury returned a guilty verdict on the possession charge, the jury also found Edwards guilty of the unlawful sale of cocaine. Possession of a controlled substance, being a lesser-included crime of sale of a controlled substance, merges into the sale charge. Because the jury returned guilty verdicts on both the sale of cocaine charge and the possession charge, Edwards’ conviction for possession of cocaine is reversed and rendered. Although Edwards’ sentence was within the statutory guidelines, it is unclear whether the judge sentenced Edwards solely on the sale of cocaine conviction or if the judge also considered the possession of cocaine conviction. In order to ensure that Edwards was sentenced only on the sale conviction, his sentence is remanded for a corrected sentencing order consistent with this opinion. |
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