Magee v. State
| Docket Number: | 2004-KA-00610-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 03-06-2007 Opinion Author: ISHEE, J. Holding: Motion for Rehearing Denied |
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| Additional Case Information: |
Topic: Transfer of controlled substance - Sufficiency of evidence - Quashing of jury venire - Habitual offender status Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., IRVING, CHANDLER, GRIFFIS, BARNES, ROBERTS, AND CARLTON, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 10-08-2003 Appealed from: Hancock County Circuit Court Judge: Stephen Simpson Disposition: CONVICTED OF TWO COUNTS OF TRANSFER OF A CONTROLLED SUBSTANCE AND SENTENCED TO SERVE FIFTEEN YEARS FOR EACH COUNT ALL TO RUN CONSECUTIVELY WITH EACH OTHER FOR A TOTAL OF THIRTY YEARS IN THE CUSTODY OF THE MDOC District Attorney: CONO A. CARANNA, II Case Number: B-2301-03-0070 |
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| Party Name: | Attorney Name: | |||
| Appellant: | JAMIESON YUL MAGEE |
BRIAN BIENVENU ALEXANDER |
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| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: JOHN R. HENRY |
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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: | Transfer of controlled substance - Sufficiency of evidence - Quashing of jury venire - Habitual offender status |
| Summary of the Facts: | Jamieson Magee was convicted of two counts of transfer of a controlled substance. He was sentenced to fifteen years for each count, with both sentences to run consecutively. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Sufficiency of evidence The State’s evidence indicated that Magee sold crack cocaine to a confidential informant. The Bureau of Narcotics has video and audiotape of the transaction and both suggest that a transfer took place. The informant testified as an eyewitness to the transaction and identified Magee as the seller. Although Magee alleges that he was in Louisiana at the time the transaction took place, which version of the events to believe was a question of fact that was resolved by the jury. The facts and reasonable inferences drawn from those facts strongly point toward Magee’s guilt. Issue 2: Quashing of jury venire Magee argues that the court erred in failing to quash the venire panel because less than three percent of the members of the panel were minorities while seven percent of Hancock County’s population is African-American. While it is true that African-Americans are a distinct part of the community, nothing suggests that the representation of this group is not fair and reasonable to the number of such persons in the community. Furthermore, Mason presented no evidence, and admitted to having no such evidence, of a systematic exclusion of African-Americans in the jury selection process. Issue 3: Habitual offender status Because Magee did not initially raise this issue in the trial court, he may not raise it for the first time on appeal. In addition, Magee was sentenced within the statutory guidelines. |
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