Walker v. State
| Docket Number: | 2005-KA-00655-COA Linked Case(s): 2005-CT-00655-SCT ; 2005-KA-00655-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 10-10-2006 Opinion Author: King, C.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Sale of controlled substance - Sufficiency of evidence - Lesser-included offense instruction Judge(s) Concurring: Lee and Myers, P.JJ., Southwick, Irving, 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: 03-02-2005 Appealed from: Lowndes County Circuit Court Judge: Lee J. Howard Disposition: CONVICTION OF SALE OF A CONTROLLED SUBSTANCE AND SENTENCE OF SEVEN YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS AND FIVE YEARS POSTRELEASE SUPERVISION. District Attorney: FORREST ALLGOOD Case Number: 2002-330-CR1 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Terry Walker |
MOSE LEE SUDDUTH |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: JEFFREY A. KLINGFUSS |
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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 controlled substance - Sufficiency of evidence - Lesser-included offense instruction |
| Summary of the Facts: | Terry Walker was convicted of sale of a controlled substance and sentenced to seven years. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Sufficiency of evidence Walker argues that any rational juror should have believed his testimony over that of the confidential informant. It is the province of the jury to determine the credibility of a witness and the weight to be afforded to the testimony of that witness. Furthermore, even without the informant’s testimony, the jury viewed the surveillance tape which captured the transaction. Issue 2: Lesser-included offense instruction Walker argues that the court erred in refusing to instruct the jury on the lesser-included offense of possession of cocaine. Lesser-included offense instructions are properly refused where the defendant admits on the stand that he has committed the greater offense. Although Walker denied being a “drug dealer,” he admitted to taking $100 from the informant, obtaining crack cocaine from a third party, delivering the crack cocaine to the informant, and keeping some of the crack cocaine as compensation. |
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