Barnett v. State
| Docket Number: | 2007-KA-01571-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 07-22-2008 Opinion Author: LEE, P.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Possession of methamphetamine - Sufficiency of evidence Judge(s) Concurring: KING, C.J., MYERS, 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: 06-29-2007 Appealed from: SMITH COUNTY CIRCUIT COURT Judge: Robert G. Evans Disposition: CONVICTED OF POSSESSION OF METHAMPHETAMINE AND SENTENCED TO FIVE YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS District Attorney: Eddie H. Bowen Case Number: 2006-33K-B |
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| Party Name: | Attorney Name: | |||
| Appellant: | CHRISTINE BARNETT A/K/A CHRISTINA
BARNETT |
G. DAVID GARNER |
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| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: STEPHANIE BRELAND WOOD |
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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 methamphetamine - Sufficiency of evidence |
| Summary of the Facts: | Christina Barnett was convicted of possession of methamphetamine and was sentenced to five years. She appeals |
| Summary of Opinion Analysis: | Barnett argues that the State failed to prove that she exerted control over or constructive possession of the methamphetamine for which she was arrested. In addition to proving constructive possession, the State was also required to show additional incriminating facts that connected Barnett with the methamphetamine since the methamphetamine was not found on premises in her exclusive control and possession. The car was not in Barnett’s exclusive possession and control because she was not the owner of the car, and another person was also in close proximity to the narcotics. Two officers testified that Barnett was “almost belligerent,” “extremely agitated,” and “nervous,” and that these traits were consistent with those of a person using methamphetamine. Also, the other person in the car testified that she and Barnett had both been using methamphetamine. Thus, the State proved additional factors sufficient to show that Barnett had constructive possession of the narcotics. |
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