Henderson v. State
| Docket Number: | 2003-KA-00879-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 07-13-2004 Opinion Author: Southwick, P.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Possession of cocaine - Suppression of evidence - Probable cause - Habitual offender status - Section 99-19-81 - Section 41-29-147 Judge(s) Concurring: King, C.J., Bridges, P.J., Lee, Irving, Myers, Chandler and Griffis, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 03-13-2003 Appealed from: Neshoba County Circuit Court Judge: Marcus D. Gordon Disposition: GUILTY OF POSSESSION OF COCAINE. SENTENCED TO SIXTEEN YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS AS AN HABITUAL OFFENDER District Attorney: Mark Sheldon Duncan Case Number: 02-CR-116-NS-G |
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| Party Name: | Attorney Name: | |||
| Appellant: | Efrem Henderson |
EDMUND J. PHILLIPS |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: SCOTT STUART |
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Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Possession of cocaine - Suppression of evidence - Probable cause - Habitual offender status - Section 99-19-81 - Section 41-29-147 |
| Summary of the Facts: | Efrem Henderson was convicted of possession of cocaine and was sentenced to sixteen years as a habitual offender. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Suppression of evidence Henderson argues that the court erred in denying his motion to suppress the results of the strip search, because there was no probable cause for the stop. The officer witnessed the vehicle that Henderson was driving approach the curb twice. This indicates that Henderson was driving without due regard for the width and use of the street. The officer's observations were enough for him to determine that careless driving had taken place. Therefore, the motion to suppress the evidence found as a result was properly denied. Issue 2: Habitual offender status Henderson argues that he did not have notice of the sentence enhancement that he received. Both sections 99-19-81 and 41-29-147 were cited in Henderson’s indictment. That double reference was sufficient to give Henderson notice that he could be sentenced under either and gave him a fair opportunity to present a defense. |
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