Jackson v. State


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Docket Number: 2001-KA-01990-COA
Linked Case(s): 2001-KA-01990-COA ; 2001-CT-01990-SCT

Court of Appeals: Opinion Link
Opinion Date: 04-01-2003
Opinion Author: Griffis, J.
Holding: Affirmed

Additional Case Information: Topic: Possession of cocaine - Sufficiency of evidence - Illegal search - Other crimes’ evidence
Judge(s) Concurring: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Lee, Irving, Myers and Chandler, JJ.
Procedural History: Jury Trial
Nature of the Case: CRIMINAL - FELONY

Trial Court: Date of Trial Judgment: 11-30-2001
Appealed from: Clarke County Circuit Court
Judge: Robert Bailey
Disposition: POSSESSION OF COCAINE: SENTENCED TO SERVE FIFTEEN YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS, FINE OF $5,000.
District Attorney: Bilbo Mitchell
Case Number: 2001-46

  Party Name: Attorney Name:  
Appellant: David Lee Jackson




LAUREL G. WEIR



 

Appellee: State of Mississippi OFFICE OF ATTORNEY GENERAL W. GLENN WATTS  

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Topic: Possession of cocaine - Sufficiency of evidence - Illegal search - Other crimes’ evidence

Summary of the Facts: David Jackson was convicted of possession of cocaine and sentenced to fifteen years. He appeals.

Summary of Opinion Analysis: Issue 1: Sufficiency of evidence Jackson challenges the legality of the searches and the sufficiency of the evidence. Exceptions to the warrant requirement include search incident to arrest, search of a vehicle, plain view, stop and frisk, hot pursuit and emergency search, administrative search. Here, the trooper’s pat down search of Jackson was legal because the search was incident to the arrest. With regard to the search of his jacket when he arrived at the jail, Jackson was under lawful custodial arrest and the search took place pursuant to a routine inventory search at the place of detention. With regard to sufficiency of the evidence, the records includes testimony from the trooper identifying Jackson as the man he arrested and as the individual who possessed the alleged cocaine, testimony from an employee of the Mississippi Crime Lab that the substance found in Jackson's shoe did test positive for cocaine, and Jackson’s confession to possessing the cocaine. This evidence was clearly sufficient to support his conviction. Issue 2: Other crimes’ evidence Jackson argues that because he was not indicted for possession of marijuana, the court erred in allowing references to the marijuana found in his shoe. The marijuana found in Jackson’s shoe did not derive from a separate and independent circumstance and crime because it was found simultaneously with and in the same packaging as the cocaine. In addition, Jackson fails to show he was prejudiced by this reference.


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