Nance v. State
| Docket Number: | 2005-KA-01086-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 01-30-2007 Opinion Author: MYERS, P.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Possession of cocaine - Sufficiency of evidence Judge(s) Concurring: KING, C.J., LEE, P.J., IRVING, CHANDLER, GRIFFIS, BARNES, ISHEE AND ROBERTS, JJ. Non Participating Judge(s): CARLTON, J. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 05-06-2005 Appealed from: OKTIBBEHA COUNTY CIRCUIT COURT Judge: James T. Kitchens, Jr. Disposition: CONVICTION OF POSSESSION OF COCAINE AND SENTENCE AS A HABITUAL OFFENDER TO EIGHT YEARS IN THE CUSTODY OF THE MDOC. SENTENCE SHALL NOT BE REDUCED OR SUSPENDED NOR SHALL THE DEFENDANT BE ELIGIBLE FOR PAROLE OR PROBATION AND FINE OF $20,000. District Attorney: FORREST ALLGOOD Case Number: 2004-0271- CR |
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| Party Name: | Attorney Name: | |||
| Appellant: | CHARLES NANCE |
PEARSON LIDDELL, JR. |
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| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: SCOTT STUART |
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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 cocaine - Sufficiency of evidence |
| Summary of the Facts: | Charles Nance was convicted of possession of cocaine in an amount less than one tenth of one gram and was sentenced to eight years in prison without the possibility of parole. He appeals. |
| Summary of Opinion Analysis: | Nance argues that it was error for the court to deny his motion for a directed verdict at the close of the prosecution’s case-in-chief, because there was insufficient evidence presented to the jury to prove that he knowingly possessed cocaine. The facts showed that Nance was in actual physical possession of the cocaine. The substance was found on his person during a routine booking at the jail house. The proof clearly established that Nance physically possessed the bag containing cocaine. At no time did Nance disclaim the bag, as to suggest that it did not belong to him. Thus, there was sufficient evidence to find Nance guilty. |
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