Boose v. State
Docket Number: | 2001-KA-01907-COA Linked Case(s): 2001-KA-01907-COA |
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Court of Appeals: |
Opinion Link Opinion Date: 04-29-2003 Opinion Author: Irving, J. Holding: Affimred |
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Additional Case Information: |
Topic: Transfer of illegal substance - Statement - Sufficiency of evidence Judge(s) Concurring: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Lee, Myers and Chandler, JJ. Non Participating Judge(s): Griffis, J. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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Trial Court: |
Date of Trial Judgment: 10-15-2001 Appealed from: Harrison County Circuit Court Judge: Robert H. Walker Disposition: GUILTY OF TRANSFER OF A CONTROLLED SUBSTANCE - SENTENCED TO 25 YEARS, WITHOUT PAROLE OR PROBATION, TO MISSISSIPPI DEPARTMENT OF CORRECTIONS District Attorney: Cono A. Caranna, II Case Number: B-2401-01-396 |
Party Name: | Attorney Name: | |||
Appellant: | Mark A. Boose |
LISA D. COLLUMS |
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Appellee: | State of Mississippi | W. GLENN WATTS |
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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. |
Topic: | Transfer of illegal substance - Statement - Sufficiency of evidence |
Summary of the Facts: | Mark Boose was convicted of the transfer of an illegal substance. He was sentenced to twenty-five years as a habitual offender. He appeals. |
Summary of Opinion Analysis: | Issue 1: Statement Boose argues that the court erred when it denied his motion to suppress the testimony of a witness about the incriminating statement that Boose made at the district attorney’s office, because any statements made by him are protected by the attorney-client privilege found in Rule 502 of the Mississippi Rules of Evidence. While this is a novel argument, it is without merit. Issue 2: Sufficiency of evidence Boose argues that the State presented no credible evidence from which a reasonable and fairminded juror could find beyond a reasonable doubt that he committed the transfer of the cocaine. The State presented the testimony of the officer directly involved in the purchase, the case agent who monitored the purchase, the video of the alleged transfer, and the testimony of a deputy present while Boose was observing the videotape. This was sufficient evidence to support the verdict. |
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