Baskin v. State
| Docket Number: | 2008-KA-01755-COA Linked Case(s): 2008-KA-01755-COA ; 2008-KA-01755-COA ; 2008-CT-01755-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 01-05-2010 Opinion Author: Roberts, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Sale of cocaine - Motion to suppress - Sufficiency of evidence Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Barnes, Ishee, Carlton and Maxwell, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL-FELONY |
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| Trial Court: |
Date of Trial Judgment: 07-30-2008 Appealed from: Chickasaw County Circuit Court Judge: Henry L. Lackey Disposition: CONVICTED OF SALE OF COCAINE AND SENTENCED TO TWENTY YEARS, WITH FIVE YEARS SUSPENDED AND FIFTEEN YEARS TO SERVE, IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS District Attorney: Benjamin F. Creekmore Case Number: OK2008-020A |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | CALVIN BASKIN |
ROBERT SNEED LAHER |
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| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL: 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: | Sale of cocaine - Motion to suppress - Sufficiency of evidence |
| Summary of the Facts: | Calvin Baskin was convicted of selling cocaine. The circuit court sentenced Baskin to twenty years with five years suspended and fifteen years to serve. Baskin appeals. |
| Summary of Opinion Analysis: | Issue 1: Motion to suppress Baskin argues that the circuit court erred in denying his motion to suppress the use of video/audio evidence of the sale of the cocaine, because one of the witnesses to the transaction was unavailable to be cross-examined as to statements that he made during the transaction. However, the testimony of this witness was not needed to prove any elements of the offense or any fact that implicated Baskin in any way. Therefore, the circuit court did not err in denying the motion to suppress. Issue 2: Sufficiency of evidence Both the State and Baskin put forth testimony that tended to explain the actions taken and statements made by the confidential informant and Baskin on the audio-video evidence. The jury found the CI’s explanation more credible than Baskin’s. No element of the crime lacked proof. Thus, there was sufficient evidence to support the verdict. |
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