Bonner v. State


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Docket Number: 2005-KA-01502-COA
Linked Case(s): 2005-KA-01502-COA ; 2005-CT-01502-SCT

Court of Appeals: Opinion Link
Opinion Date: 12-05-2006
Opinion Author: Irving, J.
Holding: Affirmed

Additional Case Information: Topic: Conspiracy to sell methamphetamine & Sale of methamphetamine - Sufficiency of evidence - Cruel and unusual punishment
Judge(s) Concurring: Lee and Myers, P.JJ., Southwick, Chandler, Griffis, Barnes, Ishee and Roberts, JJ.
Concurs in Result Only: King, C.J.
Procedural History: Jury Trial
Nature of the Case: CRIMINAL - FELONY

Trial Court: Date of Trial Judgment: 07-01-2005
Appealed from: YALOBUSHA COUNTY CIRCUIT COURT
Judge: Andrew C. Baker
Disposition: CONVICTED OF COUNT I - CONSPIRACY TO SELL METHAMPHETAMINE AND COUNT II - SALE OF METHAMPHETAMINE AS A HABITUAL OFFENDER: SENTENCED TO SERVE A TERM OF LIFE IN PRISON WITHOUT THE POSSIBILITY OF PAROLE, REDUCTION, SUSPENSION, OR PROBATION FOR COUNT I, AND SENTENCED TO LIFE IN PRISON WITHOUT THE POSSIBILITY OF PAROLE, REDUCTION, SUSPENSION, OR PROBATION FOR COUNT II, IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS
District Attorney: JOHN W. CHAMPION
Case Number: CR-2004-51-B-Y1

  Party Name: Attorney Name:  
Appellant: Billy Watson Bonner




HELEN BAGWELL KELLY, ADAM A. PITTMAN



 

Appellee: State of Mississippi OFFICE OF THE ATTORNEY GENERAL: BILLY L. GORE  

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Topic: Conspiracy to sell methamphetamine & Sale of methamphetamine - Sufficiency of evidence - Cruel and unusual punishment

Summary of the Facts: Billy Bonner was convicted of conspiracy to sell methamphetamine and of the sale of methamphetamine. He was sentenced as a habitual offender to life in prison without the possibility of parole. He appeals.

Summary of Opinion Analysis: Issue 1: Sufficiency of evidence Bonner argues that the State failed to produce sufficient evidence establishing that he and his co-defendant entered into a common plan to sell methamphetamine and that they knowingly intended to further that common purpose. The co-defendant testified that he and Bonner entered into an agreement to sell methamphetamine and that he had purchased methamphetamine from Bonner on prior occasions. Thus, there was sufficient evidence from which a rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt. Issue 2: Cruel and unusual punishment Bonner argues that the trial judge had the responsibility to review, and possibly modify, his life sentence. When a trial court imposes a sentence which complies with statutory limitations, the court will not be held in error and will not have abused its discretion. Bonner’s life sentence complies with section 99-19-83.


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