Sturkey v. State
| Docket Number: | 2004-KA-00661-COA Linked Case(s): 2004-CT-00661-SCT ; 2004-KA-00661-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 06-13-2006 Opinion Author: Myers, P.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Sale of cocaine - Right to counsel - Hearsay - M.R.E. 801(c) - Closing argument Judge(s) Concurring: King, C.J., Lee, P.J., 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: 10-15-2003 Appealed from: Scott County Circuit Court Judge: Vernon Cotton Disposition: CONVICTED OF THE SALE OF COCAINE - SENTENCED TO SERVE A TERM OF 60 YEARS IN THE MISSISSIPPI DEPARTMENT OF CORRECTIONS, WITHOUT THE BENEFIT OF PAROLE, SUSPENSION OR REDUCTION OF SENTENCE, BEING SENTENCED AS AN HABITUAL OFFENDER. District Attorney: KEN TURNER Case Number: 2001-CR-087-SC-C |
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| Party Name: | Attorney Name: | |||
| Appellant: | Rickey Sturkey a/k/a Richard Sturkey a/k/a Rickey Lee Sturkey |
EDMUND J. PHILLIPS |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: DEIRDRE MCCRORY |
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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 cocaine - Right to counsel - Hearsay - M.R.E. 801(c) - Closing argument |
| Summary of the Facts: | Richard Sturkey was convicted of the sale of cocaine and sentenced as an habitual offender to sixty years. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Right to counsel Sturkey argues that his right to be represented by his choice for retained counsel has been violated. While a defendant does have the right to counsel of his choice, this right is not absolute. The denial of a last minute continuance to retain new counsel is within the trial court's discretion. It is clear from the record that there was adequate time between the activation of Sturkey’s first attorney to Iraq and trial for Sturkey to obtain other counsel. Therefore, the court did not abuse its discretion. Issue 2: Hearsay Sturkey argues that the court erred in sustaining the prosecution’s hearsay objection to testimony by the agent about a statement made by the confidential informant. Pursuant to M.R.E. 801(c), If a statement is offered to prove the fact that it was made, and not to prove the truth of its substance, it is not hearsay. Here, the testimony was offered to prove that the informant had his back turned at the time of the transaction. The attorney was attempting to prove that the informant had not seen the transaction take place between the agent and Sturkey. Thus, the objection was properly sustained by the trial court on the grounds of hearsay. Issue 3: Closing argument Sturkey argues that the court erred in overruling an objection during the State’s closing argument when the State commented on Sturkey’s failing to call a witness. Objections must be made with specificity in order to be preserved for appeal. Sturkey’s attorney interposed an objection without offering any specific grounds. |
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