Robinson v. State
| Docket Number: | 2009-KA-01154-COA Linked Case(s): 2009-KA-01154-COA ; 2009-CT-01154-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 03-22-2011 Opinion Author: Griffis, P.J. Holding: Affirmed. |
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| Additional Case Information: |
Topic: Possession of controlled substance - Ineffective assistance of counsel Judge(s) Concurring: Lee, C.J., Irving, P.J., Myers, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 05-29-2009 Appealed from: Panola County Circuit Court Judge: James McClure, III Disposition: Convicted of Possession of Cocaine and Sentenced as a Habitual and Subsequent Offender to Twelve Years in the Custody of the Mississippi Department of Corrections Without Eligibitliy for Probation or Parole District Attorney: John W. Champion Case Number: CR2009-20MP2 |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Jeffery Marcel Robinson |
BENJAMIN ALLEN SUBER |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: STEPHANIE BRELAND WOOD | ||
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: | Possession of controlled substance - Ineffective assistance of counsel |
| Summary of the Facts: | Jeffery Robinson was convicted for possession of at least 0.1 gram but less than two grams of a Schedule II controlled substance. He was sentenced as a habitual offender and as a subsequent drug offender to twelve years without eligibility for probation or parole. He appeals. |
| Summary of Opinion Analysis: | Robinson argues that his attorney provided ineffective assistance. The basis for Robinson’s claim is that his attorney did not move for a directed verdict at the close of the State’s case-in-chief and that he did not request a peremptory jury instruction. The merits of an ineffective-assistance-of-counsel claim on direct appeal should be addressed only when the record affirmatively shows ineffectiveness of constitutional dimensions, or the parties stipulate that the record is adequate to allow the appellate court to make the finding without consideration of the findings of fact of the trial judge. Robinson does not establish a reasonable probability that, had his attorney moved for a directed verdict or requested a peremptory instruction, the circuit court would have ruled in his favor. There was ample evidence to support Robinson’s conviction for possession of cocaine. Two officers testified that Robinson had the cocaine in his mouth, which the crime lab determined amounted to 0.3 gram. In addition, one of the officers testified that, on the day following the arrest, Robinson admitted that the cocaine belonged to him. Thus, had Robinson’s attorney challenged the sufficiency of the evidence in a motion for a directed verdict or a request for a peremptory instruction, the circuit court would have been correct to deny the motion and the request. The record is insufficient to address any other potential claim of ineffective assistance of counsel. |
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