Williams v. State
| Docket Number: | 2009-KA-00092-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 02-23-2010 Opinion Author: Barnes, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Possession of cocaine with intent to distribute - Jurisdiction - M.R.A.P. 4(a) - M.R.A.P. 2(c) - Weight of evidence Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Griffis, Ishee, Roberts, Carlton and Maxwell, JJ. Non Participating Judge(s): Irving, J. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 11-21-2008 Appealed from: PIKE COUNTY CIRCUIT COURT Judge: David H. Strong Disposition: CONVICTED OF POSSESSION OF COCAINE WITH INTENT TO DISTRIBUTE AND SENTENCED TO THIRTY-FIVE YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS, WITH TWENTY-THREE YEARS TO SERVE, TWELVE YEARS SUSPENDED, AND FIVE YEARS OF POSTRELEASE SUPERVISION, AND TO PAY A FINE OF $5,000 District Attorney: Dee Bates Case Number: 07-664-PKS |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | NOLAN WILLIAMS, JR. |
LESLIE S. LEE, BENJAMIN ALLEN SUBER |
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| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL: W. GLENN WATTS | ||
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: | Possession of cocaine with intent to distribute - Jurisdiction - M.R.A.P. 4(a) - M.R.A.P. 2(c) - Weight of evidence |
| Summary of the Facts: | Nolan Williams, Jr. was convicted of unlawful possession of at least one-tenth but less than two grams of cocaine with intent to distribute. He received an enhanced sentence of thirty-five years, with twenty-three years to be served, the remaining twelve years suspended, and five years of post-release supervision. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Jurisdiction M.R.A.P. 4(a) requires a notice of appeal to be filed with the clerk of the trial court within 30 days after the date of entry of the judgment or order appealed from. There is no question that Williams’s appeal is untimely, having been filed more than thirty days after the entry of the first order denying his motion for a new trial. M.R.A.P. 2(c), however, allows the appellate court to suspend the thirty-day requirement of Rule 4(a) and permit an out-of-time appeal in a criminal case for good cause shown and in the interest of expediting decision. Williams was represented by counsel, and there is a strong likelihood that any fault for the untimely appeal was not attributable to Williams. Counsel for Williams prepared and signed both orders. Accordingly, dismissal for lack of jurisdiction would likely result in a subsequent claim by Williams of ineffective assistance of counsel, so the court will consider Williams’s out-of-time appeal on the merits. Issue 2: Weight of evidence Williams argues that the verdict is against the overwhelming weight of the evidence. Williams admits that he was in possession of the cocaine in question; however, he claims that the cocaine was for his personal use and that the evidence failed to show that he had intent to distribute. However, there was ample evidence to support the verdict. The agent identified Williams as the person who had sold him crack cocaine four days prior to the incident. Although the agent was unaware of Williams’s name at the time, he was clearly identifiable in the video of the transaction. It was additionally noted that, at the time of the arrest, Williams did not possess any paraphernalia associated with smoking crack cocaine and that there was a large, separate amount of cocaine found inside the car. Lastly, Williams possessed a generous amount of cash. |
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