Hodges v. State
| Docket Number: | 2002-KA-01577-COA Linked Case(s): 2002-CT-01577-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 11-02-2004 Opinion Author: Griffis, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Possession of marijuana with intent to distribute within 1,500 feet of school - Sufficiency of evidence - Excessive sentence Judge(s) Concurring: King, C.J., Bridges and Lee, P.JJ., Irving, Myers, Chandler, Barnes and Ishee, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY Writ of Certiorari: Dismissed Appealed from Court of Appeals |
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| Trial Court: |
Date of Trial Judgment: 08-30-2002 Appealed from: Pike County Circuit Court Judge: Mike Smith Disposition: UNLAWFUL POSSESSION OF MARIJUNA, WITH INTENT TO DISTRIBUTE WITHIN 1,500 FEET OF A SCHOOL - SENTENCED TO FORTY YEARS, TO SERVE THE FIRST TWENTY YEARS WITH THE REMAINING TWENTY TO BE SERVED UNDER POSTRELEASE SUPERVISION AND TO PAY A FINE OF $25,000, AND RESTITUTION OF $10,000. District Attorney: Dee Bates Case Number: 02-141-KB |
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| Party Name: | Attorney Name: | |||
| Appellant: | Grover C. Hodges |
JOHN EDWARD JACKSON |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: CHARLES W. MARIS |
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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: | Possession of marijuana with intent to distribute within 1,500 feet of school - Sufficiency of evidence - Excessive sentence |
| Summary of the Facts: | Grover Hodges was convicted of possession of marijuana, with the intent to distribute, within 1,500 feet of a school. He was sentenced to forty years, with twenty years suspended, and ordered to pay a fine of $25,000. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Sufficiency of evidence Hodges argues that his conviction is not supported by the overwhelming weight of the evidence, because the informant, who provided information establishing probable cause for the search warrant, was not reliable. Hodges did not raise this issue at trial. In addition, there was never an issue presented as to the veracity of the informant's statements or information acquired from his participation. Reviewing the facts in a light most favorable to the State, a reasonable juror could infer that Hodges was guilty of the crime charged beyond a reasonable doubt. Issue 2: Excessive sentence Hodges argues that his sentence of forty years is excessive and constitutes cruel and unusual punishment. This issue is procedurally barred, since Hodges failed to present it to the trial court. In addition, because the sentence was within the guidelines of the statute, it is not disproportionate to the crime charged. |
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