Byrd v. State


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Docket Number: 2001-KA-00814-COA

Court of Appeals: Opinion Link
Opinion Date: 01-07-2003
Opinion Author: King, P.J.
Holding: Affirmed in Part and Reversed and Remanded in Part

Additional Case Information: Topic: Sale of cocaine - Identification - Weight of evidence - Post-release supervision - Section 47-7-37
Judge(s) Concurring: McMillin, C.J., Southwick, P.J., Bridges, Thomas, Lee, Irving, Myers, and Chandler, JJ.
Non Participating Judge(s): Griffis, J.
Procedural History: Jury Trial
Nature of the Case: CRIMINAL - FELONY

Trial Court: Date of Trial Judgment: 05-07-2001
Appealed from: Walthall County Circuit Court
Judge: Keith Starrett
Disposition: UNLAWFUL SALE OF COCAINE-SENTENCED TO 15 YEARS, TO SERVE THE FIRST 8 YEARS, WITH THE LAST 7 YEARS TO BE SERVED ON POST-RELEASE SUPERVISION AND PAY A FINE OF $5,000.
District Attorney: Brandon Wayne Frazier
Case Number: 2001-22A

  Party Name: Attorney Name:  
Appellant: Robert E. Byrd




JACK G. PRICE



 

Appellee: State of Mississippi OFFICE OF THE ATTORNEY GENERAL JEAN SMITH VAUGHAN  

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Topic: Sale of cocaine - Identification - Weight of evidence - Post-release supervision - Section 47-7-37

Summary of the Facts: Robert Byrd was convicted of the unlawful sale of cocaine and was sentenced to fifteen years. He appeals.

Summary of Opinion Analysis: Issue 1: Identification Byrd argues that the court erred in allowing the in-court identification of him because of the improper pre-trial viewing of photographs. Because Byrd failed to make an objection to suppress the identification on the ground that the in-court identification was tainted or improper due to a pre-trial look at photographs, this issue is procedurally barred. Issue 2: Weight of evidence Byrd argues that the verdict was not supported by the evidence because the in-court identification lacked credibility since the jury saw just one set of photographs of him. The photographs were not the sole basis for the identification of Byrd. A witness testified that he knew Byrd by the nickname of "Rabbit" and that he purchased the drugs from Byrd. This was sufficient credible evidence to support the verdict. Issue 3: Post-release supervision The court sentenced Byrd to a term of fifteen years, to serve the first eight years and the last seven years to be served on post-release supervision. Section 47-7-37 provides that a period of postrelease supervision shall not exceed five years. Therefore, the case is reversed and remanded for the limited purpose of correcting that portion of the sentence which requires post-release supervision for a period in excess of five years.


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