Perry v. State
| Docket Number: | 2011-KA-00142-COA Linked Case(s): 2011-KA-00142-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 05-21-2013 Opinion Author: Carlton, J. Holding: Dismissed |
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| Additional Case Information: |
Topic: Possession of marijuana with intent to sell - Fugitive dismissal rule Judge(s) Concurring: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Maxwell, Fair and James, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 11-18-2010 Appealed from: Carroll County Circuit Court Judge: Joseph H. Loper Disposition: CONVICTED OF POSSESSION OF LESS THAN ONE KILOGRAM BUT MORE THAN THIRTY GRAMS OF MARIJUANA WITH THE INTENT TO SELL OR TRANSFER, AND SENTENCED AS A SUBSEQUENT DRUG OFFENDER AND AS A HABITUAL OFFENDER TO SIXTY YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS WITHOUT ELIGIBILITY FOR PAROLE OR PROBATION District Attorney: Doug Evans Case Number: 2010-0016-CR-1 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Kelvin "Buck" Perry a/k/a Kelvin Perry a/k/a "Buck" Perry a/k/a "Buck" |
GEORGE T. HOLMES |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: JEFFREY A. KLINGFUSS |
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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: | Possession of marijuana with intent to sell - Fugitive dismissal rule |
| Summary of the Facts: | Kelvin Perry was convicted of possession of less than one kilogram but more than thirty grams of marijuana with the intent to sell or transfer. He was sentenced as a subsequent drug offender and as a habitual offender to sixty years. He appeals. |
| Summary of Opinion Analysis: | An appellate court may dismiss the appeal of a defendant who is a fugitive from justice during the pendency of his appeal. The fugitive dismissal rule is applicable and controlling to the facts of this case. Perry escaped during his trial and remained at large at the time of his counsel’s filing of an appellate brief on his behalf. Thus, his appeal is dismissed. |
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