Anderson v. State
| Docket Number: | 2008-KA-00697-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 12-01-2009 Opinion Author: MYERS, P.J. Holding: AFFIRMED |
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| Additional Case Information: |
Topic: Conspiracy to sell a controlled substance - Sufficiency of evidence Judge(s) Concurring: KING, C.J., LEE, P.J., IRVING, GRIFFIS, BARNES, ISHEE, ROBERTS, CARLTON AND MAXWELL, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 04-17-2008 Appealed from: DeSoto County Circuit Court Judge: Robert P. Chamberlin Disposition: CONVICTED OF CONSPIRACY TO SELL A CONTROLLED SUBSTANCE AND SENTENCED TO FIVE YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS AND TO PAY A $1,000 FINE, $125 RESTITUTION TO THE HORN LAKE POLICE DEPARTMENT, AND $200 TO THE MISSISSIPPI CRIME VICTIMS’ COMPENSATION FUND District Attorney: John W. Champion Case Number: CR2007-251-CD |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | RICHARD ANDERSON |
B. BRENNAN HORAN |
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| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: LADONNA C. HOLLAND | ||
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: | Conspiracy to sell a controlled substance - Sufficiency of evidence |
| Summary of the Facts: | Richard Anderson was convicted of conspiracy to sell a controlled substance. He was sentenced to five years. He appeals. |
| Summary of Opinion Analysis: | Anderson argues that no direct evidence was presented at trial establishing that he had communicated directly with another person regarding the sale of hydrocodone pills on September 14, 2006. However, a conspiracy agreement does not have to be formal or expressed; it may be inferred from the circumstances, in particular, the acts and conduct of the alleged conspirators. In viewing the evidence in this case in the light most favorable to the prosecution, it amply supports that Anderson and his co-defendant conspired to sell hydrocodone to someone on September 14, 2006. The co-defendant testified that she and Anderson had a common plan for selling hydrocodone to the person. This testimony, coupled with the other evidence presented at trial, sufficiently supports the jury’s finding that Anderson engaged in a common plan or scheme to sell hydrocodone pills to willing buyers. |
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