Jenkins v. State
| Docket Number: | 2007-KA-00814-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 10-28-2008 Opinion Author: KING, C.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Possession of cocaine - Admission of testimony - M.R.E. 801(c) - Weight of evidence Judge(s) Concurring: Lee and Myers, P.JJ., 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: 04-26-2007 Appealed from: Lauderdale County Circuit Court Judge: Robert Bailey Disposition: CONVICTED OF POSSESSION OF COCAINE AND SENTENCED TO SERVE FIVE YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS WITH TWO YEARS SUSPENDED AND FOUR YEARS OF REPORTING PROBATION AND ORDERED TO PAY A FINE OF $1,000 AND A CRIME LAB FEE OF $300 District Attorney: Bilbo Mitchell Case Number: 772-06 |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | ROTUNDO JENKINS |
ERIC JOHN HESSLER |
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| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: STEPHANIE BRELAND WOOD | ||
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 - Admission of testimony - M.R.E. 801(c) - Weight of evidence |
| Summary of the Facts: | Rotundo Jenkins was convicted of possession of 4.27 grams of cocaine. He was sentenced to five years with two years suspended and four years of reporting probation. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Admission of testimony Jenkins argues that the court erred by denying his motion in limine and overruling his objections to an officer’s testimony because the testimony was clearly hearsay, irrelevant, unreliable, and more prejudicial than probative. During the trial, an officer testified that a white male in an SUV informed him that he witnessed a black male on a mini-bike give crack cocaine to a white female. The officer’s statement was admissible to show why the officers noticed Jenkins and acted the way that they did. The statement was not hearsay under M.R.E. 801(c), because it was not offered to prove the truth of the matter asserted to implicate Jenkins in a drug sale. Issue 2: Weight of evidence Jenkins argues that the court erred by giving two jury instructions which included the weight of the cocaine, because the weight of the cocaine was irrelevant and prejudiced him with the jury. Jenkins failed to cite to any authority to support his claim that inclusion of the weight of the cocaine in the jury instructions was error. Thus, it is procedurally barred. In addition, there is no authority indicating that the inclusion of the weight of cocaine in a jury instruction constitutes error, and Jenkins has not presented any evidence that the jury was prejudiced by the inclusion. |
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