Ivory v. State
| Docket Number: | 2002-KA-00077-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 03-18-2003 Opinion Author: Thomas, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Sale of cocaine - Sufficiency of evidence - Disproportionate sentence Judge(s) Concurring: McMillin, C.J., King and Southwick, P.JJ., Bridges, 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: 11-30-2001 Appealed from: Adams County Circuit Court Judge: Forrest Johnson Disposition: GUILTY AS CHARGED OF THE SALE OF COCAINE AND SENTENCED TO 30 YEARS WITH 10 SUSPENDED, FIVE YEARS' POSTRELEASE SUPERVISION, AND FINED $5,000 PLUS COSTS. District Attorney: Ronnie Lee Harper Case Number: 01-KR-0066-J |
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| Party Name: | Attorney Name: | |||
| Appellant: | Jonathan Lee " Slack" Ivory |
KENNETH E. MCNEES
WILLIAM F. VICK |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: CHARLES W. MARIS |
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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: | Sale of cocaine - Sufficiency of evidence - Disproportionate sentence |
| Summary of the Facts: | Jonathan Ivory was convicted of the sale of cocaine and was sentenced to thirty years with ten years suspended and five years' postrelease supervision. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Sufficiency of evidence Ivory argues that the evidence is insufficient because one witness was untrustworthy since she is a crack addict and was only doing what was necessary to keep herself out of prison. The evidence shows that Ivory met the witness at the Natchez Inn, and that after he left she was in possession of cocaine. The only evidence which completely supported Ivory's innocence was his own testimony. A reasonable and fair minded juror could easily find Ivory guilty. Issue 2: Disproportionate sentence Ivory argues that the sentence was disproportionate to the crime for which he was convicted. Because he failed to object to his sentence either at the time the sentence was imposed or in his post-trial motion, this issue is procedurally barred. In addition, the sentence was within statutory limits. He could have been sentenced to thirty years, but the court suspended two-thirds of this amount and added fives years' post-release supervision and a $5,000 fine. |
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