Clark v. State
| Docket Number: | 2002-KA-00441-COA Linked Case(s): 2002-KA-00441-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 09-16-2003 Opinion Author: King, P.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Possession with intent to distribute - Prior conviction - M.R.E. 404(b) - Sufficiency of evidence Judge(s) Concurring: McMillin, C.J., Southwick, P.J., Bridges, Thomas, 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: 02-22-2002 Appealed from: Clarke County Circuit Court Judge: Robert Bailey Disposition: POSSESSION OF MARIJUANA - SENTENCED TWENTY-FIVE YEARS IN THE CUSTODY OF THE MDOC AND PAY A FINE OF $5,000. Case Number: 2001-CR-92 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Kobely Clark a/k/a Koberly D. Clarke a/k/a Koberly Donnell Clark |
JAMES N. POTUK |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: JEAN SMITH VAUGHAN |
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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 with intent to distribute - Prior conviction - M.R.E. 404(b) - Sufficiency of evidence |
| Summary of the Facts: | Kobely Clarke was convicted of possession with intent to distribute marijuana. He was sentenced to serve twenty-five years. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Prior conviction Clarke argues that his prior conviction for the sale of cocaine as proof of his intent to distribute should not have been allowed into evidence, because its prejudicial effect outweighed its probative value. M.R.E. 404(b) provides that evidence of other crimes may be admissible for other purposes such as proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident. Here, the court found that the probative value of the evidence outweighed any possible prejudice and in addition, correctly gave a limiting instruction. Issue 2: Sufficiency of evidence Clarke argues that the evidence was insufficient. The evidence offered by the State showed that Clarke mailed a package weighing in excess of 36 pounds, that Clarke drove the recipient to the post office to pick up the package, that Clarke agreed to pay the recipient $500 to pick up the package, that Clarke fled when law enforcement officers attempted to stop him, and that the package contained drugs in an amount which far exceeded personal use amounts. This was sufficient evidence. |
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