Walker v. State
| Docket Number: | 2003-KA-02132-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 08-03-2004 Opinion Author: Southwick, P.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Possession of cocaine - Ineffective assistance of counsel - Sufficiency of evidence - Lesser-included offense instruction Judge(s) Concurring: King, C.J., Bridges, P.J., Lee, Irving, Myers, Chandler and Griffis, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 09-16-2003 Appealed from: Harrison County Circuit Court Judge: Stephen Simpson Disposition: POSSESSION OF COCAINE - SENTENCED AS A HABITUAL OFFENDER TO SERVE 5 YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS District Attorney: Cono A. Caranna, II Case Number: B2401-2002-852 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Charles Edward Walker |
AUSTIN R. NIMOCKS |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: SCOTT STUART |
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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 cocaine - Ineffective assistance of counsel - Sufficiency of evidence - Lesser-included offense instruction |
| Summary of the Facts: | Charles Walker was convicted of possession of cocaine. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Ineffective assistance of counsel Walker's appellate counsel argues that he rendered ineffective assistance to his client as trial counsel. The merits of an ineffective assistance of counsel issue on direct appeal should be addressed only when the record affirmatively shows ineffectiveness of constitutional dimensions, or the parties stipulate that the record is adequate to allow the appellate court to make the finding without consideration of the findings of fact of the trial judge. Although several instances of leading questions exist and no objections were made, there was no meaningful prejudice to the accused. Although no objection was made when the prosecutor in closing argument referred to the fact that Walker, when he was arrested, asserted his right to remain silent, the brief mention of Walker's silence does not descend to the level of plain error affecting a fundamental right. With regard to the failure to object to hearsay, nothing in the witness' hearsay added meaningfully or prejudicially to the evidence already before the jury. Issue 2: Sufficiency of evidence Walker argues that the State failed to prove the quantity of cocaine that he had possessed. The State's crime lab expert analyzed the evidence for the presence of a controlled substance. The expert testified that the analysis proved the presence of cocaine, a Schedule II controlled substance. The weight of the specimen submitted to the crime laboratory was 0.1 gram. That entire weight may be considered in assessing Walker's crime. Issue 3: Lesser-included offense instruction Walker argues that the court erred in failing to give the jury a lesser-included offense instruction regarding the possession of less than 0.1 gram of cocaine. A court may refuse an instruction which contains an incorrect statement of the law, is covered by a granted instruction, or lacks evidentiary foundation. Since the statute under which Walker was convicted makes the entire weight of the mixture the relevant amount, there was no evidentiary support for the instruction that Walker requested. |
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