Pratt v. State
| Docket Number: | 2002-KA-01584-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 04-06-2004 Opinion Author: Myers, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Sale of cocaine - Jury venire - Sufficiency of evidence - Pre-filing of instructions Judge(s) Concurring: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Lee, Chandler and Griffis, JJ. Concurs in Result Only: Irving, J. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 09-22-2000 Appealed from: Chickasaw County Circuit Court Judge: R. Kenneth Coleman Disposition: SALE OF A CONTROLLED SUBSTANCE: SENTENCE OF 15 YEARS WITH 5 YEARS SUSPENDED TO SERVE IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS District Attorney: James M. Hood, III Case Number: HK-2000-20B |
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| Party Name: | Attorney Name: | |||
| Appellant: | Joseph Pratt |
JASON LEE SHELTON |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: W. GLENN WATTS |
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| Topic: | Sale of cocaine - Jury venire - Sufficiency of evidence - Pre-filing of instructions |
| Summary of the Facts: | Joseph Pratt was convicted of the sale of cocaine and was sentenced to fifteen years, with five years suspended. Pratt appeals. |
| Summary of Opinion Analysis: | Issue 1: Jury venire Pratt argues that the court erred by refusing to allow the jury venire to be drawn from both the First and Second Judicial Districts of Chickasaw County. To establish a prima facie violation of the fair-cross section requirement, the defendant must show that the group alleged to be excluded is a distinctive group in the community, that the representation of this group in venires from which juries are selected is not fair and reasonable in relation to the number of such persons in the community, and that this under representation is due to systematic exclusion of the group in the jury selection process. Although Pratt alleges that he provided documentation from the 1990 census report that showed the First Judicial District as being an area of primarily white residents and the Second Judicial District as being an area of primarily black residents, the census reports were not included in the record on appeal. Pratt also alleges that he provided 1990 census figures that indicated a total population, but again the reports are not provided in the record. Although Pratt alleges that the practice of systematic exclusion occurs in Chickasaw County, he fails to offer any data to support his conclusions. Therefore, his claim is without merit. Issue 2: Sufficiency of evidence Pratt argues that the evidence was insufficient. The jury heard testimony from the confidential informant. In addition, Pratt admitted that he was present at the car wash, that it was his voice heard on the tape and that he was present at his house when the drugs were purchased. Although he denied that he sold the cocaine, this testimony created a conflict in the evidence that was for the jury to resolve. Issue 3: Jury instructions Pratt argues that the State was allowed to give numerous instructions which he was not given until after his trial was underway. Without a showing of prejudice to the defendant, failure to pre-file instructions is harmless error. There was evidence that Pratt aided and abetted in the sale of cocaine. Even though his indictment charged him as a principal, the evidence presented supports the aiding and abetting instruction which was given. |
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