Jefferson v. State
| Docket Number: | 2006-KA-01259-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 09-11-2007 Opinion Author: ISHEE, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Possession of cocaine - Sufficiency of evidence - Mistrial 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: 06-02-2006 Appealed from: MARION COUNTY CIRCUIT COURT Judge: R. I. Prichard, III Disposition: CONVICTED OF POSSESSION OF COCAINE AND SENTENCED TO SIXTEEN YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS, WITH TWELVE YEARS TO BE SUSPENDED UPON COMPLETION OF FOUR YEARS, AND FIVE YEARS POST-RELEASE SUPERVISION, AND PAYMENT OF A $3,000 FINE District Attorney: Claiborne McDonald Case Number: K03-0293 |
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| Party Name: | Attorney Name: | |||
| Appellant: | CHARLES D. JEFFERSON A/K/A CHARLES JEFFERSON |
LESLIE S. LEE |
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| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: BILLY L. GORE |
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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 - Mistrial |
| Summary of the Facts: | Charles Jefferson was convicted of possession of cocaine and sentenced to sixteen years, with twelve years to be suspended upon completion of four years, and five years of post-release supervision. Jefferson appeals. |
| Summary of Opinion Analysis: | Issue 1: Sufficiency of evidence Jefferson argues that the State did not put on any evidence to exclude his co-defendant as a possessor of the cocaine. While Jefferson’s hypothesis was that the co-defendant was equally likely to put the cocaine under the seat, the prosecution put on evidence that specifically excluded this alternative. Each man was put in the police car on the same side on which he rode to the police station. An officer said he watched them, and he did not see the co-defendant slide over or throw anything over to Jefferson’s side of the car. The officer also said that he found the cocaine directly under the spot where Jefferson was sitting, not in the middle. The co-defendant took the stand and denied that the cocaine belonged to him. Taking this evidence most favorably for the prosecution, there was sufficient evidence for a trier of fact to find Jefferson guilty beyond a reasonable doubt and to the exclusion of any reasonable alternatives. Issue 2: Mistrial During closing argument, Jefferson objected to the prosecutor’s personal impressions regarding the credibility of witnesses. Regardless of whether the statements made by the prosecutor were improper, Jefferson objected to them, and the trial court sustained those objections. While the judge also denied Jefferson’s motion for a mistrial, such a decision is within the trial court’s discretion. Since the judge sustained Jefferson’s prompt objections to the comments, any prejudice was cured. |
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