Brooks v. State
| Docket Number: | 2002-KA-01058-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 11-04-2003 Opinion Author: King, P.J. Holding: AFFIRMED IN PART; REVERSED AND REMANDED IN PART |
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| Additional Case Information: |
Topic: Sale of controlled substance within 1500 feet of church - Sufficiency of evidence - Post-release supervision - Section 47-7-34 Judge(s) Concurring: McMillin, C.J., Bridges, Thomas, Lee, Irving, Myers, Chandler and Griffis, JJ. Concurs in Result Only: Southwick, P.J. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 05-15-2002 Appealed from: Walthall County Circuit Court Judge: Mike Smith Disposition: TWO COUNTS OF SALE OF A CONTROLLED SUBSTANCE WITHIN 1,500 FEET OF A CHURCH. SENTENCED TO CONCURRENT SIXTY YEAR TERMS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS ON EACH COUNT WITH THIRTY YEARS SUSPENDED ON EACH COUNT AND THIRTY YEARS OF SUPERVISED PROBATION ON EACH COUNT AND THIRTY YEARS TO SERVE ON EACH COUNT. District Attorney: J. Daniel Smith Case Number: 2001-89-B |
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| Party Name: | Attorney Name: | |||
| Appellant: | Donna Duncan Brooks |
GUS GRABLE SERMOS |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: JOHN R. HENRY |
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| Topic: | Sale of controlled substance within 1500 feet of church - Sufficiency of evidence - Post-release supervision - Section 47-7-34 |
| Summary of the Facts: | Donna Brooks was convicted of two counts of unlawful sale of a controlled substance within fifteen hundred feet of a church. She was sentenced to concurrent sixty year sentences on each count. She appeals. |
| Summary of Opinion Analysis: | Brooks argues that the State failed to prove beyond a reasonable doubt that she knowingly or intentionally sold controlled substances to the informant while they were physically located in Walthall County. On the basis of the undisputed evidence presented at trial, reasonable and fairminded jurors could only have found Brooks guilty as charged. On the basis of plain error, the case is reversed and remanded. Brooks was sentenced to thirty years of supervised probation which is in clear violation of section 47-7-34 which establishes that the maximum amount of time that the Mississippi Department of Corrections may supervise an offender on post-release supervision is five years. |
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