Patterson v. State
Docket Number: | 2009-KA-00076-COA | |
Court of Appeals: |
Opinion Link Opinion Date: 06-08-2010 Opinion Author: Carlton, J. Holding: Affirmed |
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Additional Case Information: |
Topic: Possession of cocaine & Possession of firearm by felon - Weight of evidence Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Barnes, Ishee, Roberts and Maxwell, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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Trial Court: |
Date of Trial Judgment: 12-17-2008 Appealed from: Coahoma County Circuit Court Judge: Al Smith Disposition: CONVICTED OF COUNT I, POSSESSION OF COCAINE, AND SENTENCED TO SIXTEEN YEARS; AND COUNT II, POSSESSION OF A FIREARM BY A CONVICTED FELON, AND SENTENCED TO TEN YEARS, AS A HABITUAL OFFENDER, WITH THE SENTENCE IN COUNT II TO RUN CONSECUTIVELY TO THE SENTENCE IN COUNT I, ALL IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS District Attorney: Laurence Y. Mellen Case Number: 2008-0074 |
Party Name: | Attorney Name: | Brief(s) Available: | ||
Appellant: | Nicky Alonzo Patterson a/k/a Nicholas |
LESLIE S. LEE, DAVID LYDELL TISDELL |
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Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: JEFFREY A. KLINGFUSS |
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. |
Topic: | Possession of cocaine & Possession of firearm by felon - Weight of evidence |
Summary of the Facts: | Nicky Patterson was convicted of possession of cocaine and possession of a firearm by a felon. The trial court sentenced Patterson as a habitual offender to sixteen years for the possession of cocaine conviction and ten years on the possession of a firearm by a convicted felon conviction. He appeals. |
Summary of Opinion Analysis: | Patterson argues that the jury found him guilty of possession of cocaine and possession of a firearm by a convicted felon contrary to the overwhelming weight of the evidence. Regarding the possession-of-cocaine charge, the evidence admitted at trial showed that both police officers observed Patterson drop an object to the ground upon exiting his vehicle. Patterson then ran from the police officers, forcing them both to chase him on foot. Upon returning to the parked cars, one of the officers recovered the item Patterson had dropped. Expert testimony introduced at trial showed that the plastic bag the officers recovered from the scene indeed contained an illegal drug, cocaine. More than sufficient evidence exists in the record to support the jury’s finding that Patterson possessed cocaine. Furthermore, evidence presented at trial showed that Patterson possessed the handgun that the officers found inside his car. Because the testimony showed that the weapon was in plain view of the officers and within Patterson’s span of control and eyesight, the jury could surmise that Patterson knew of the handgun’s presence in his vehicle. |
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