Brown v. State
| Docket Number: | 2009-KA-00960-SCT | |
| Supreme Court: | Opinion Link Opinion Date: 08-26-2010 Opinion Author: Carlson, P.J. Holding: Affirmed. |
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| Additional Case Information: |
Topic: Sale of cocaine - Sufficiency of evidence - Admission of evidence - M.R.E. 803(6) Judge(s) Concurring: Waller, C.J., Dickinson, Randolph, Lamar, Kitchens, Chandler and Pierce, JJ. Concurs in Result Only: Graves, P.J. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 05-07-2009 Appealed from: Jones County Circuit Court Judge: Billy Joe Landrum Disposition: Conviction of sale of cocaine and sentence, as a second or subsequent drug offender, of sixty (60) years, with fifteen (15) years suspended, and forty-five (45) years to serve in the custody of the Mississippi Department of Corrections, with conditions. District Attorney: Anthony J. Buckley Case Number: 2009-78-KR2 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Drexel Brown |
OFFICE OF INDIGENT APPEALS: BRENDA JACKSON PATTERSON |
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| Appellee: | State of Mis | OFFICE OF THE ATTORNEY GENERAL: W. GLENN WATTS |
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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 - Sufficiency of evidence - Admission of evidence - M.R.E. 803(6) |
| Summary of the Facts: | Drexel Brown was convicted of the sale of cocaine and sentenced as a drug recidivist to sixty years, with fifteen years suspended. Brown appeals. |
| Summary of Opinion Analysis: | Issue 1: Sufficiency of evidence Brown argues that the evidence was insufficient to determine where the confidential informant had obtained the cocaine and thus, reasonable jurors could not have found beyond a reasonable doubt that Brown was guilty of the sale of cocaine. The CI testified that Brown was indeed the person from whom he had purchased the cocaine for $35 and that he had known Brown for about a year and a half. The CI stated that before the sale or transfer, he had asked Brown “if there was anything going on, meaning was there any crack there for sell (sic).” He further testified that Brown had responded “yeah.” A person may be found guilty on the uncorroborated testimony of one witness. An officer also corroborated much of the CI’s testimony. The officer had monitored the cocaine purchase from a safe following distance, and he testified that he had received what appeared to be cocaine from the CI upon his return to the Narcotics Division office. A forensic scientist with the Mississippi Crime Laboratory identified the substance delivered to him by the Narcotics Division as cocaine. Viewing the evidence in the light most favorable to the State, there was sufficient evidence to convict Brown of the sale of cocaine. Issue 2: Admission of evidence Brown argues that the trial court erred in admitting a water bill from 1032 North Joe Wheeler Avenue in Laurel, showing Brown’s name on the bill as of November 12, 2008, solely on an office’s testimony. He also argues that the document was not properly authenticated. Under M.R.E. 803(6), the focus is properly placed on the time period when the documents were created, the trustworthiness of the documents, and whether their creation was in the regular course of business. Ultimately, this dispute is of no moment, and any potential error is certainly harmless. The State had only to prove beyond a reasonable doubt that Brown knowingly or intentionally sold or transferred cocaine to the CI. The exact address of Brown’s residence was unnecessary for conviction; the only inquiry was whether the sale of cocaine took place in the judicial district where the trial was held. Further, the record reveals that evidence linking Brown to the residence on North Joe Wheeler Avenue in Laurel was cumulative, as both the CI and the officer had identified Brown as the person selling the cocaine to the CI, and the CI had identified a photograph of the residence on Joe Wheeler Avenue as being the front of the house where he had purchased the cocaine from Brown. |
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