Dear v. State
| Docket Number: | 2005-KA-02281-COA Linked Case(s): 2005-KA-02281-COA ; 2005-CT-02281-SCT ; 2005-CT-02281-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 12-12-2006 Opinion Author: Roberts, J. Holding: AFFIRMED |
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| Additional Case Information: |
Topic: Sale of cocaine & Conspiracy to deliver cocaine - Sufficiency of evidence - Ineffective assistance of counsel Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Southwick, Irving, Chandler, Griffis, Barnes and Ishee, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 08-24-2005 Appealed from: RANKIN COUNTY CIRCUIT COURT Judge: WILLIAM E. CHAPMAN, III Disposition: CONVICTED OF COUNT I, SALE OF COCAINE, AS A NONVIOLENT HABITUAL OFFENDER AND AS A SUBSEQUENT DRUG OFFENDER AND SENTENCED TO SERVE SIXTY YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS AND COUNT II, CONSPIRACY TO SELL COCAINE AS A SUBSEQUENT DRUG OFFENDER AND SENTENCED TO TWENTY YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS SENTENCE IN COUNT II TO RUN CONCURRENT WITH THE SENTENCE IMPOSED IN COUNT I. District Attorney: DAVID BYRD CLARK Case Number: 15473 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Gregory J. Dear a/k/a Gregory Dear a/k/a Greg Dear |
DAN W. DUGGAN |
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| Appellee: | State of Mississippi | 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 & Conspiracy to deliver cocaine - Sufficiency of evidence - Ineffective assistance of counsel |
| Summary of the Facts: | Gregory Dear was convicted of of one count of sale of cocaine and one count of conspiracy to deliver cocaine. Convicted as a habitual offender, he was sentenced to sixty years on the sale charge and twenty years on the conspiracy charge. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Sufficiency of evidence Dear argues that the evidence is insufficient to support the conviction. The testimony of one of the co-conspirators, viewed in the light most favorable to the verdict, certainly indicates that a reasonable and fair-minded jury could find Dear guilty of conspiracy to sell cocaine. Even minimal involvement in an illegal drug transaction is sufficient to support a criminal conviction for drug trafficking. Issue 2: Ineffective assistance of counsel Dear argues that his trial counsel was ineffective for submitting an instruction that provided that the testimony of the co-defendant should be considered with caution. Dear’s attorney, by failing to include the words “great,” “care,” and “suspicion” with the word “caution” did not render deficient legal representation. Though the instruction did not contain the surplus cumulative language as found in the suggested instruction, the substance of the instruction was still present. In addition, there is no indication that the jury would return a verdict of not guilty had the instruction contained the cumulative language Dear suggests. |
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