Bond v. State


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Docket Number: 2008-KA-02152-COA
Linked Case(s): 2008-KA-02152-COA ; 2008-CT-02152-SCT

Court of Appeals: Opinion Link
Opinion Date: 02-23-2010
Opinion Author: Roberts, J.
Holding: Affirmed.

Additional Case Information: Topic: Possession of methamphetamine with intent to distribute & Possession of precursors with intent to manufacture methamphetamine - Sufficiency of evidence
Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Griffis, Barnes, Ishee, Carlton and Maxwell, JJ.
Non Participating Judge(s): Irving, J.
Procedural History: Jury Trial
Nature of the Case: CRIMINAL - FELONY

Trial Court: Date of Trial Judgment: 12-18-2008
Appealed from: Harrison County Circuit Court
Judge: Roger T. Clark
Disposition: CONVICTED OF COUNT I, POSSESSION OF METHAMPHETAMINE WITH THE INTENT TO DISTRIBUTE, AND COUNT II, POSSESSION OF PRECURSORS WITH THE INTENT TO MANUFACTURE METHAMPHETAMINE, AND SENTENCED AS A HABITUAL OFFENDER TO FIFTEENYEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS FOR EACH COUNT, WITH THE SENTENCES TO RUN CONCURRENTLY
District Attorney: Cono A. Caranna, II
Case Number: B2401-2006-80

  Party Name: Attorney Name:   Brief(s) Available:
Appellant: ROLAND VANDER BOND, JR.




W. DANIEL HINCHCLIFF



 
  • Appellant #1 Brief

  • Appellee: STATE OF MISSISSIPPI OFFICE OF THE ATTORNEY GENERAL: JOHN R. HENRY  

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    Topic: Possession of methamphetamine with intent to distribute & Possession of precursors with intent to manufacture methamphetamine - Sufficiency of evidence

    Summary of the Facts: Roland Bond was convicted of possession of methamphetamine with the intent to distribute it and possession of precursors with the intent to manufacture methamphetamine. He was sentenced as a habitual offender to two concurrent fifteen-year sentences. He appeals.

    Summary of Opinion Analysis: Bond argues that the evidence was insufficient to support his conviction for possession of methamphetamine with the intent to distribute. Bond argues that the quantity of methamphetamine recovered did not demonstrate any intent to distribute it. A large quantity of a controlled substance can alone establish an intent to distribute. The existence of only a small quantity, though, does not remove the possibility of inferring intent. Summarizing the evidence in this case, law enforcement officers found 684 tablets that contained pseudoephedrine, numerous precursors necessary to manufacture methamphetamine, critical components modified to manufacture methamphetamine, scales that are typically used to weigh methamphetamine prior to selling it, and small zip-lock baggies typically used to package methamphetamine prior to selling it. Thus, there was sufficient evidence to support the jury’s decision to find Bond guilty of possession of methamphetamine with the intent to distribute.


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