Smith v. State
Docket Number: | 2004-KA-01461-COA | |
Court of Appeals: |
Opinion Link Opinion Date: 08-29-2006 Opinion Author: King, C.J. Holding: Affirmed |
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Additional Case Information: |
Topic: Sale of controlled substance - Sufficiency of evidence 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: 01-27-2003 Appealed from: Jones County Circuit Court Judge: Billy Joe Landrum Disposition: JUDGMENT OF SALE OF CONTROLLED SUBSTANCE AND SENTENCE OF A TERM OF TWENTY-FIVE YEARS, WITH TEN YEARS TO SERVE IN FULL-TIME CUSTODY OF MDOC. UPON SUCCESSFUL COMPLETION OF SAID FULL-TIME SERVICE THE REMAINING FIFTEEN YEARS SHALL BE SUSPENDED District Attorney: ANTHONY BUCKLEY Case Number: 2001-223-KR |
Party Name: | Attorney Name: | |||
Appellant: | Robert C. Smith |
MICHAEL DUANE MITCHELL |
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Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: JOSE BENJAMIN SIMO |
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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. |
Topic: | Sale of controlled substance - Sufficiency of evidence |
Summary of the Facts: | Robert Smith was found guilty of sale of a controlled substance. Smith was sentenced to twenty-five years, with ten years to serve. He appeals. |
Summary of Opinion Analysis: | Smith argues that the evidence is insufficient, because the man in the videotape did not look like the defendant on the day of trial. The jury heard the testimony of two police officers who identified Smith as the person who sold the crack cocaine. The jury also viewed a videotape of the transaction. Clearly, the jury resolved the issue of witness credibility in favor of the State. |
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