Campbell v. State
| Docket Number: | 2011-KA-00694-COA Linked Case(s): 2011-KA-00694-COA ; 2011-KA-00694-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 10-02-2012 Opinion Author: Russell, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Possession of cocaine with intent to distribute & Possession of marijuana with intent to distribute - Lesser-included offense instruction - Prior convictions - M.R.E. 404(b) - M.R.E. 403 - Weight of evidence Judge(s) Concurring: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Maxwell and Fair, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 05-04-2011 Appealed from: Oktibbeha County Circuit Court Judge: James T. Kitchens, Jr. Disposition: CONVICTED OF COUNT I, POSSESSION OF COCAINE WITH INTENT TO DISTRIBUTE, AND SENTENCED TO SIXTY YEARS; AND COUNT II, POSSESSION OF MARIJUANA WITH INTENT TO DISTRIBUTE, AND SENTENCED TO SIX YEARS, WITH THE SENTENCES TO RUN CONCURRENTLY, ALL AS A HABITUAL OFFENDER AND SUBSEQUENT DRUG OFFENDER WITHOUT ELIGIBILITY FOR REDUCTION, SUSPENSION, PAROLE, OR PROBATION, ALL IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS Case Number: 10-308-CR |
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| Party Name: | Attorney Name: | |||
| Appellant: | Dexter Campbell a/k/a Dexter J. Campbell a/k/a Dexter Jerome Campbell |
HUNTER NOLAN AIKENS |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: LISA LYNN BLOUNT |
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| Topic: | Possession of cocaine with intent to distribute & Possession of marijuana with intent to distribute - Lesser-included offense instruction - Prior convictions - M.R.E. 404(b) - M.R.E. 403 - Weight of evidence |
| Summary of the Facts: | Dexter Campbell was convicted of possession of cocaine with the intent to distribute and possession of marijuana with the intent to distribute. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Lesser-included offense instruction Campbell argues that the court erred in failing to instruct the jury on the elements of simple possession. Not only did the instructions given to the jury track the language of the simple possession statute, but these instructions were prepared by Campbell’s attorney. Issue 2: Prior convictions Campbell argues that the circuit court erred in admitting his prior drug-sale convictions into evidence. Evidence of prior drug sales is admissible under M.R.E. 404(b) to prove intent to distribute if it passes the M.R.E. 403 balancing test. In this case, the court admitted the prior convictions to show intent and weighed them under Rule 403. In addition, the court gave a limiting instruction to the jury. Thus, they were properly admitted. Issue 3: Weight of evidence Campbell argues that the verdict was against the overwhelming weight of the evidence, because the amount of cocaine and marijuana he possessed was insufficient to support an intent to distribute these substances and he should have been convicted of the lesser-included offense of simple possession. Campbell had a total of 5.02 grams of cocaine and 15.9 grams of marijuana in his possession. In addition, he had cash rolled up in a rubber band, cash in his wallet, and cash in his pants’ pockets. Campbell made two separate statements that he was selling the drugs. Thus, the verdict was not against the weight of evidence. |
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