Brunson v. State
| Docket Number: | 2005-KA-00903-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 12-12-2006 Opinion Author: Irving, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Sale of cocaine - Right to speedy trial - Sufficiency of evidence Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Southwick, Chandler, Griffis, Barnes, Ishee and Roberts, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 06-02-2005 Appealed from: JONES COUNTY CIRCUIT COURT Judge: BILLY JOE LANDRUM Disposition: CONVICTED OF THE SALE OF COCAINE AND SENTENCED TO SIXTY YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS AS A HABITUAL OFFENDER District Attorney: ANTHONY J. BUCKLEY Case Number: 2004-80-KR2 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Jerry Ross Brunson |
MICHAEL DUANE MITCHELL |
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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 - Right to speedy trial - Sufficiency of evidence |
| Summary of the Facts: | Jerry Brunson was convicted of selling cocaine to an informant. Brunson was sentenced as a habitual offender to a term of sixty years. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Right to speedy trial Brunson argues that his statutory and constitutional rights to a speedy trial were violated. Of the 371 days elapsing between the date of Brunson’s arraignment and the date of his trial, 247 days are chargeable to Brunson, leaving only 124 days chargeable to the State. Therefore, there was no statutory violation. With regard to a constitutional violation, 837 days elapsed between the date of Brunson’s arrest and the date of his trial which is presumptively prejudicial. Brunson was responsible for 247 days of the delay, leaving 590 days to be accounted for by the State. The record is silent as to any cause for this delay. Brunson never asserted his right to a speedy trial. Brunson makes no allegation of prejudice caused by the delay. In the absence of prejudice, Brunson’s constitutional right to a speedy trial was not violated. Issue 2: Sufficiency of evidence Brunson argues that the evidence against him is insufficient to support the jury’s guilty verdict. The transcript of the audiotape clearly indicates that Brunson is guilty of more than simply possessing money in his home. It shows emphatically that Brunson was engaged in a drug transaction. |
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