Stewart v. State


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Docket Number: 2007-KA-01358-SCT
Supreme Court: Opinion Link
Opinion Date: 07-17-2008
Opinion Author: RANDOLPH, J.
Holding: Affirmed
Additional Case Information: Topic: Possession of marijuana - Sufficiency of evidence
Judge(s) Concurring: SMITH, C.J., WALLER AND DIAZ, P.JJ., EASLEY, CARLSON, DICKINSON AND LAMAR, JJ.
Concurs in Result Only: GRAVES, J.
Procedural History: Jury Trial
Nature of the Case: CRIMINAL - FELONY
Trial Court: Date of Trial Judgment: 06-29-2007
Appealed from: Jefferson County Circuit Court
Judge: Lamar Pickard
Disposition: Conviction of possession of marijuana in a correctional facility and sentence of seven (7) years in the custody of the Mississippi Department of Corrections. This sentence shall run consecutive to the sentence currently being served by Leroy Stewart.
District Attorney: Alexander C. Martin
Case Number: C#2007-26KR
  Party Name: Attorney Name:   Brief(s) Available:
Appellant: LEROY STEWART




 BRENDA JACKSON PATTERSON, LESLIE S. LEE, PAMELA A. FERRINGTON



  
  • Appellant #1 Brief
    		•
    Appellee: STATE OF MISSISSIPPI OFFICE OF THE ATTORNEY GENERAL BY: BILLY L. GORE  
    Synopsis provided by:

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    Topic: Possession of marijuana - Sufficiency of evidence
    Summary of the Facts: Leroy Stewart was incarcerated in the Jefferson-Franklin Correctional Facility following a conviction for the sale of cocaine. While an inmate, Stewart was charged with possession of marijuana in a correctional facility. He was convicted and sentenced to seven years. He appeals.
    Summary of Opinion Analysis: Stewart challenges the sufficiency of the evidence. However, the evidence was sufficient for a rational trier of fact to find the essential elements of the crime beyond a reasonable doubt. The State presented testimony from an inmate and correction officers that Stewart had attempted to “plant” a brown paper bag containing marijuana upon that inmate.


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