Hargett v. State


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Docket Number: 2008-KP-00958-COA
Linked Case(s): 2008-KP-00958-COA ; 2008-CT-00958-SCT ; 2008-CT-00958-SCT

Court of Appeals: Opinion Link
Opinion Date: 09-07-2010
Opinion Author: Ishee, J.
Holding: Affirmed.

Additional Case Information: Topic: Sale of marijuana & Sale of hydrocodone - Prior bad acts - M.R.E. 404(b) - M.R.E. 403 - Peremptory challenge - Weight of evidence - Ineffective assistance of counsel
Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Griffis, Barnes and Carlton, JJ.
Non Participating Judge(s): Irving, J.
Concurs in Result Only: Roberts and Maxwell, JJ.
Procedural History: Jury Trial
Nature of the Case: CRIMINAL - FELONY

Trial Court: Date of Trial Judgment: 03-14-2008
Appealed from: PIKE COUNTY CIRCUIT COURT
Judge: Michael M. Taylor
Disposition: CONVICTED OF COUNT I, SALE OF LESS THAN THIRTY GRAMS OF MARIJUANA, AND COUNT II, SALE OF TEN DOSAGE UNITS OF HYDROCODONE, AND SENTENCED AS A HABITUAL OFFENDER TO SIX YEARS FOR COUNT I AND SIXTY YEARS FOR COUNT II TO RUN CONCURRENTLY IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS, AND TO PAY A $1,000 FINE FOR COUNT I, A $5,000 FINE FOR COUNT II, AND $300 IN RESTITUTION TO THE MISSISSIPPI BUREAU OF NARCOTICS
District Attorney: Dee Bates
Case Number: 07-039-PKT

  Party Name: Attorney Name:   Brief(s) Available:
Appellant: Harold Donell Hargett a/k/a Junior




PRO SE



 

Appellee: State of Mississippi OFFICE OF THE ATTORNEY GENERAL: JEFFREY A. KLINGFUSS  

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Topic: Sale of marijuana & Sale of hydrocodone - Prior bad acts - M.R.E. 404(b) - M.R.E. 403 - Peremptory challenge - Weight of evidence - Ineffective assistance of counsel

Summary of the Facts: Harold Hargett was convicted of the sale of less than thirty grams of marijuana and the sale of ten dosage units of hydrocodone. The circuit court sentenced Hargett as a habitual offender to six years for the sale of marijuana and sixty years for the sale of hydrocodone. Hargett appeals.

Summary of Opinion Analysis: Issue 1: Prior bad acts Hargett points to four specific instances where the State either mentioned or elicited evidence or testimony referencing prior crimes, wrongs, or bad acts in violation of the trial court’s ruling on a motion in limine. Generally, evidence of a crime, other than the one for which the accused is being tried, is not admissible. However, there are exceptions as provided by M.R.E. 404(b). Evidence of other crimes, wrongs, or acts may be admissible for purposes such as proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident. Further, evidence of other crimes or bad acts also is admissible to tell the complete story so as not to confuse the jury. Evidence of other crimes under Rule 404(b) must also pass muster under M.R.E. 403. In this case, it is clear that each questioned instance mentioned by Hargett falls squarely within the exceptions provided in Rule 404(b). Issue 2: Peremptory challenge Hargett argues that, due to the trial court’s failure to strike a juror for cause, he was forced to strike the juror, and consequently, was unable to strike a subsequent juror due to no remaining challenges. However, his claim of error in the jury selection is without basis in the record. Hargett struck five other jurors after he had accepted the subsequent juror. Issue 3: Weight of evidence Hargett argues that the overwhelming weight of the evidence went against his verdicts of guilty. Based on the record and the evidence presented at trial, his claim is without merit. Issue 4: Ineffective assistance of counsel Hargett argues that his counsel made numerous errors during trial. Each instance Hargett complains of falls within the protected realm of trial strategy.


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