Patterson v. State
| Docket Number: | 2010-KA-00466-COA Linked Case(s): 2010-KA-00466-COA ; 2010-KA-00466-COA ; 2010-CT-00466-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 12-06-2011 Opinion Author: Griffis, P.J. Holding: Affirmed. |
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| Additional Case Information: |
Topic: Sale of hydrocodone - Disclosure of confidential informant - URCCC 9.04(B)(2) - Discovery violation Judge(s) Concurring: Lee, C.J., Irving, P.J., Barnes, Roberts, Carlton, Maxwell and Russell, JJ. Non Participating Judge(s): Myers, J. Dissenting Author : Ishee, J. Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 02-24-2010 Appealed from: Choctaw County Circuit Court Judge: Clarence E. Morgan, III Disposition: CONVICTED OF SALE OF A SCHEDULE III CONTROLLED SUBSTANCE AND SENTENCED TO FIFTEEN YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS WITH SEVEN YEARS SUSPENDED, EIGHT YEARS TO SERVE, AND FIVE YEARS OF SUPERVISED PROBATION Case Number: 2010-012CR |
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| Note: | The motion for rehearing is granted, and our original opinion is withdrawn, with this opinion substituted in lieu thereof. The judgment of the Circuit Court of Choctaw County of conviction of sale of a schedule III controlled substance and sentence of fifteen years in the custody of the Mississippi Department of Corrections with seven years suspended, eight years to serve, and five years of supervised probation is affirmed. | |
| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Jerome Patterson |
W. DANIEL HINCHCLIFF |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: STEPHANIE BRELAND WOOD | ||
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 hydrocodone - Disclosure of confidential informant - URCCC 9.04(B)(2) - Discovery violation |
| Summary of the Facts: | The motion for rehearing is granted, and this opinion is substituted for the original opinion. Jerome Patterson was convicted of sale of hydrocodone and sentenced to fifteen years with seven years suspended and eight years to serve followed by five years of supervised probation. He appeals. |
| Summary of Opinion Analysis: | Patterson argues that the trial court erred when it failed to grant appellant’s motion for a continuance where the State failed to timely disclose the name and address of a witness and confidential informant until the day before trial. URCCC 9.04(B)(2) provides that a CI’s identity must only be revealed in discovery when the State proposes to call the CI as a witness at trial or the CI is an eyewitness to the offense. In this case, Patterson admits that he was in plea negotiations until February 11, 2010, and Patterson further admits that the State disclosed the name of the CI prior to that date. Therefore, there simply was no discovery violation. The State not only provided the name of the CI at least a week prior to the motion hearing and the CI’s telephone number two or three days prior to trial, but it went even further and facilitated Patterson’s interview of the CI at the prosecutor’s office. Patterson does not point to any fact that he might have learned had he been given a continuance, and in fact, his attorney announced on the day of trial that he was “ready to go.” Under the facts of this case, Patterson was given a reasonable opportunity to prepare to cross-examine the CI. The circuit court did not err in denying Patterson’s motion for a continuance. |
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