Bindon v. State
| Docket Number: | 2002-KA-00739-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 09-16-2003 Opinion Author: Lee, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Possession of cocaine - Weight of evidence Judge(s) Concurring: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, 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: 03-26-2002 Appealed from: Adams County Circuit Court Judge: Forrest Johnson Disposition: CONVICTED OF POSSESSION OF MORE THAN ONE-TENTH OF A GRAM BUT LESS THAN TWO GRAMS OF COCAINE AND SENTENCED AS AN HABITUAL OFFENDER TO SERVE SIXTEEN YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS WITHOUT POSSIBILITY OF PAROLE. District Attorney: Ronnie Lee Harper Case Number: 01-KR-0054-J |
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| Party Name: | Attorney Name: | |||
| Appellant: | Terrance Bindon |
WILLIAM E. GOODWIN |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: JOHN R. HENRY |
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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 - Weight of evidence |
| Summary of the Facts: | Terrance Bindon was convicted of possession of cocaine and was sentenced as an habitual offender to sixteen years. He appeals. |
| Summary of Opinion Analysis: | Bindon argues that the jury's verdict was against the overwhelming weight of the evidence, because the State failed to produce scientific evidence in the form of fingerprint matches, DNA tests, or other evidence to show the envelope retrieved from Bindon's car was his. The record shows that the officer who approached Bindon after he was stopped smelled marijuana emanating from Bindon's car and then saw marijuana seeds in the car. When the officer conducted a patdown search of Bindon for weapons, Bindon reached into his pants and shoved an object into his trunk. Bindon retrieved the object at the officer’s request and gave the officers a white envelope which contained cocaine. Both officers testified as to Bindon's possession of the envelope thus obviating the need for further evidence of possession. |
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