Tatum v. State
| Docket Number: | 2005-KA-01686-COA Linked Case(s): 2005-KA-01686-COA ; 2005-CT-01686-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 10-17-2006 Opinion Author: Ishee, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Possession of cocaine - Sufficiency of evidence Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Southwick, Irving, Chandler, Griffis, Barnes and Roberts, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 07-29-2005 Appealed from: Yalobusha County Circuit Court Judge: Ann H. Lamar Disposition: CONVICTED OF POSSESSION OF COCAINE AND SENTENCED AS A HABITUAL OFFENDER TO SERVE SIXTEEN YEARS IN THE CUSTODY OF THE MDOC WITHOUT THE POSSIBILITY OF PAROLE. District Attorney: JOHN W. CHAMPION Case Number: CR2004-16-LY2 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Jimmy Tatum |
TOMMY W. DEFER |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: BILLY L. GORE |
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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: | Possession of cocaine - Sufficiency of evidence |
| Summary of the Facts: | Jimmy Tatum was convicted for possession of cocaine in an amount more than two grams but less than ten grams. He was sentenced as a habitual offender to sixteen years without the possibility of parole. He appeals. |
| Summary of Opinion Analysis: | Tatum argues that there was no competent evidence linking him with the cocaine. When contraband is found on premises, there must be evidence, in addition to physical proximity, showing the defendant consciously exercised control over the contraband. Absent this evidence, a finding of constructive possession cannot be sustained. The State presented sufficient evidence linking Tatum to the cocaine. The officer testified that he found no contraband in his patrol car when he performed a routine inspection before beginning his shift on the day Tatum was arrested. Moreover, the evidence clearly shows that Tatum was the only person to sit in the front passenger seat of the officer’s car. |
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