Fair v. State
| Docket Number: | 2010-CP-00224-COA Linked Case(s): 2010-CP-00224-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 02-21-2012 Opinion Author: Russell, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Defective indictment - Section 41-29-139(a)(1) Judge(s) Concurring: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Maxwell and Fair, JJ. Procedural History: PCR Nature of the Case: PCR |
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| Trial Court: |
Date of Trial Judgment: 01-20-2010 Appealed from: Coahoma County Circuit Court Judge: Al Smith Disposition: MOTION FOR POST-CONVICTION RELIEF DENIED Case Number: 14-CI-10-0006-ABS |
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| Party Name: | Attorney Name: | |||
| Appellant: | Gregory Fair |
PRO SE |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: LAURA HOGAN TEDDER |
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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: | Post-conviction relief - Defective indictment - Section 41-29-139(a)(1) |
| Summary of the Facts: | Gregory Fair was convicted of the sale of a controlled substance (cocaine), and he was sentenced to five years. He filed a motion for post-conviction relief which was denied. He appeals. |
| Summary of Opinion Analysis: | Fair argues that the indictment charging him with sale of cocaine was defective for failing to set out the amount of cocaine allegedly sold. Fair also argues that the indictment failed to identify what drug he allegedly sold. However, from a plain reading of this indictment, it clearly lists “cocaine” as the drug sold. Nothing within section 41-29-139(a)(1) requires that a quantity be listed in an indictment. Under Mississippi law, the penalty for the sale of cocaine is the same regardless of the quantity sold. Therefore, the amount of cocaine sold is not an essential element of the crime. As such, an indictment is not defective for failing to list a quantity of cocaine in the context of a sale of cocaine charge. |
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