Drummer v. State


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Docket Number: 2008-KA-01225-COA
Linked Case(s): 2008-KA-01225-COA2008-CT-01225-SCT

Court of Appeals: Opinion Link
Opinion Date: 12-15-2009
Opinion Author: LEE, P.J.
Holding: Affirmed

Additional Case Information: Topic: Possession of marijuana - Suppression of evidence - Probable cause - Cruel and unusual punishment
Judge(s) Concurring: King, C.J., Myers, P.J., Irving, Griffis, Ishee, Roberts, Carlton and Maxwell, JJ.
Concur in Part, Concur in Result 1: Barnes, J.
Procedural History: Jury Trial
Nature of the Case: CRIMINAL - FELONY

Trial Court: Date of Trial Judgment: 04-18-2008
Appealed from: Alcorn County Circuit Court
Judge: James L. Roberts
Disposition: CONVICTED OF POSSESSION OF MARIJUANA AND SENTENCED AS A HABITUAL OFFENDER TO LIFE IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS WITHOUT ELIGIBILITY FOR PAROLE OR PROBATION
District Attorney: John Richard Young
Case Number: CR06-340

  Party Name: Attorney Name:   Brief(s) Available:
Appellant: Tameca Drummer




JUSTIN TAYLOR COOK



 
  • Appellant #1 Brief
  • Appellant #2 Brief

  • Appellee: State of Mississippi OFFICE OF THE ATTORNEY GENERAL: LADONNA C. HOLLAND  

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    Topic: Possession of marijuana - Suppression of evidence - Probable cause - Cruel and unusual punishment

    Summary of the Facts: Tameca Drummer was convicted of possession of marijuana and sentenced as a habitual offender to life. She appeals.

    Summary of Opinion Analysis: Issue 1: Suppression of evidence Drummer argues that because there was no probable cause for the officer to conduct a traffic stop based on careless driving, the evidence from the subsequent search was inadmissible. As a general rule, the decision to stop an automobile is reasonable where the police have probable cause to believe that a traffic violation has occurred. The presence or absence of traffic is not controlling. Carelessness is a matter of reasonable interpretation, based on a wide range of factors. The officer testified that she observed Drummer weaving within her lane of traffic and crossing one of the center lines. Drummer was driving in a residential area, and the officer testified that she was concerned that if Drummer topped a hill, she could have encountered an oncoming vehicle. These reasons were sufficient to find probable cause for a traffic stop based on careless driving. Issue 2: Cruel and unusual punishment Drummer argues that her sentence of life without the possibility of parole or probation is disproportionate to the crime of possession of marijuana and should be reversed. This issue is procedurally barred because it was not raised before the trial court. In addition, Drummer had previously been convicted of manslaughter and aggravated assault, both crimes of violence for which she served more than one year in prison. Therefore, Drummer was properly sentenced to life without eligibility for parole or probation pursuant to the habitual-offender statute.


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