Latiker v. State
| Docket Number: | 2004-KA-00285-SCT Linked Case(s): 2004-KA-00285-SCT ; 2004-KA-00285-SCT |
|
| Supreme Court: | Opinion Link Opinion Date: 10-27-2005 Opinion Author: Cobb, P.J. Holding: Affirmed |
|
| Additional Case Information: |
Topic: Sale of cocaine - Weight of evidence - In-court identification - Admissibility of documents - Excessive sentence Judge(s) Concurring: Smith, C.J., Waller, P.J., Easley, Carlson, Dickinson and Randolph, JJ. Non Participating Judge(s): Diaz, J. Dissenting Author : Graves, J. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
|
| Trial Court: |
Date of Trial Judgment: 01-16-2004 Appealed from: Leake County Circuit Court Judge: Marcus D. Gordon Disposition: Latiker was convicted of the sale of crack cocaine and sentenced to twelve years in the custody of the Mississippi Department of Corrections. District Attorney: MARK DUNCAN Case Number: 03-CR-070-LE-G |
|
| Party Name: | Attorney Name: | |||
| Appellant: | Percy Latiker a/k/a Percell Latiker |
WILLIAM C. STENNETT |
||
| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: W. DANIEL HINCHCLIFF |
|
|
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 cocaine - Weight of evidence - In-court identification - Admissibility of documents - Excessive sentence |
| Summary of the Facts: | Percy Latiker was convicted of the sale of crack cocaine and sentenced to twelve years. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Weight of evidence Latiker argues that the verdict is against the overwhelming weight of the evidence. Law enforcement officials arrested Latiker at his parents’ residence, where the drug transaction took place. The narcotics agent identified Latiker in court as the man from whom he bought the crack cocaine. Furthermore, the identification was based on his unobstructed, trained observation of Latiker at a close distance during daylight hours. While the agent’s description does not perfectly match the description of Latiker at trial, the two are similar enough that it becomes a jury issue. It is the jury’s job to balance the weight and credibility of the witnesses. Issue 2: In-court identification Latiker argues that the court erred by allowing the agent to identify him at trial as the man from whom he bought the crack cocaine. Latiker’s broad objection at trial lacks the specificity required to preserve this issue for appeal. His objection did not state a recognized legal basis. In addition, there is no evidence that the agent’s identification of Latiker was impermissibly suggestive or unreliable. Issue 3: Admissibility of documents Latiker argues that the court prevented him from submitting documents from the Salvation Army that would corroborate his alibi defense that he was in Chicago, Illinois, at the time the alleged crime was committed. However, these documents were not properly offered by Latiker to the trial court for a ruling on their admissibility. Latiker did not make the documents part of the record. Thus, Latiker has no evidence to present for the purpose of rebutting the presumption that the trial court correctly ruled in excluding the evidence. Issue 4: Excessive sentence Latiker argues that the sentence imposed by the court was an abuse of discretion, because the court was wrong to conclude that he had been under the influence of drugs and was faking his illness. Latiker did not raise this issue at the sentencing hearing or in his Motion for a New Trial. He also fails to cite any supporting authority. Furthermore, a trial court is not limited, when determining a sentence, to a consideration of evidence presented in the record at trial. Latiker was sentenced to less than half the time in prison allowed by the statute, and no fine was imposed. The trial court did not abuse its discretion when sentencing Latiker. |
Home | Terms of Use | About the JDP | Feedback | Using JDP | MC Law Library | Mississippi Supreme Court
