Dampeer v. State


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Docket Number: 2007-KA-01901-COA
Court of Appeals: Opinion Link
Opinion Date: 08-19-2008
Opinion Author: Carlton, J.
Holding: Affirmed
Additional Case Information: Topic: Possession of cocaine - Sufficiency of evidence
Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Griffis, Barnes, Ishee, and Roberts, JJ.
Procedural History: Jury Trial
Nature of the Case: CRIMINAL - FELONY
Trial Court: Date of Trial Judgment: 09-19-2007
Appealed from: SIMPSON COUNTY CIRCUIT COURT
Judge: Robert G. Evans
Disposition: CONVICTED OF POSSESSION OF COCAINE AND SENTENCED TO SERVE A TERM OF FOUR YEARS IN THE CUSTODY OF THE MDOC AS A HABITUAL OFFENDER WITHOUT THE POSSIBILITY OF PROBATION OR PAROLE
District Attorney: Eddie H. Bowen
Case Number: 2007-52-K
  Party Name: Attorney Name:   Brief(s) Available:
Appellant: TIMOTHY DAMPEER A/K/A FATTY HATTY




 GEORGE T. HOLMES, LESLIE S. LEE, DANIEL DEWAYNE WARE



  
  • Appellant #1 Brief
    		•
    Appellee: STATE OF MISSISSIPPI OFFICE OF THE ATTORNEY GENERAL BY: LISA LYNN BLOUNT  
    Synopsis provided by:

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    Topic: Possession of cocaine - Sufficiency of evidence
    Summary of the Facts: Timothy Dampeer was convicted of possession of cocaine. He was sentenced as a habitual offender to four years. He appeals.
    Summary of Opinion Analysis: Dampeer argues that the evidence was insufficient to establish beyond a reasonable doubt that the drugs he allegedly threw were the same drugs recovered by the officer. Dampeer cites several cases dealing with constructive possession. The application of the theory of constructive possession would be appropriate if the evidence was insufficient to establish that Dampeer was in actual possession of the cocaine. However, the State presented ample evidence to establish that Dampeer was in actual possession of the cocaine. The officer observed Dampeer throw the pill bottle down. He noted where the pill bottle landed and recovered it within minutes.


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