Smith v. State
| Docket Number: | 2006-KA-01145-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 09-25-2007 Opinion Author: MYERS, P.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Possession of precursors - Sufficiency of evidence Judge(s) Concurring: KING, C.J., LEE, P.J., IRVING, CHANDLER, GRIFFIS, BARNES, ISHEE, ROBERTS AND CARLTON, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 06-15-2006 Appealed from: Itawamba County Circuit Court Judge: Paul S. Funderburk Disposition: CONVICTED OF POSSESSION OF PRECURCORS AND SENTENCED TO TWELVE YEARS, WITH FIVE YEARS SUSPENDED AND FIVE YEARS OF POST-RELEASE SUPERVISION, TO BE SERVED IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS AND FINED $5,000 District Attorney: John Richard Young Case Number: CR05-114(PF)I |
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| Party Name: | Attorney Name: | |||
| Appellant: | JEFFERY SMITH |
CAROLYN R. BENSON |
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| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: DESHUN TERRELL MARTIN |
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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 precursors - Sufficiency of evidence |
| Summary of the Facts: | Jeffery Smith was found guilty of possession of precursors used in the manufacture of methamphetamine and sentenced to twelve years. He appeals. |
| Summary of Opinion Analysis: | Smith challenges the sufficiency of the evidence. Two agents testified at trial that upon arriving at Smith’s residence they requested and received consent to search the premises. There, they found chemicals that the State’s expert in drug testing and analysis testified were known to be precursors for the manufacture of methamphetamine. While Smith testified that the various chemicals found at his residence were stored at his home for reasons other than the manufacture of methamphetamine, factual disputes are properly resolved by the jury and do not mandate a new trial. |
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