Byrd v. State
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 |
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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 |
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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 |
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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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