Cannon v. State

918 So. 2d 734, 2005 Miss. App. LEXIS 166, 2005 WL 528418
CourtCourt of Appeals of Mississippi
DecidedMarch 8, 2005
DocketNos. 2002-KA-00406-COA, 2002-KA-00408-COA, 2002-CA-01983-COA
StatusPublished
Cited by3 cases

This text of 918 So. 2d 734 (Cannon v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Mississippi primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cannon v. State, 918 So. 2d 734, 2005 Miss. App. LEXIS 166, 2005 WL 528418 (Mich. Ct. App. 2005).

Opinions

KING, C.J.,

for the Court.

¶ 1. This appeal concerns three consolidated cases involving two convictions in the Circuit Court of Lincoln County, Mississippi, of William Erin “Bill” Cannon for the possession and intent to sell methamphetamine and the related forfeiture of real and personal property. Aggrieved, [737]*737Cannon raises the following twenty-one- issues on appeal:

I. CANNON’S CONVICTIONS IN 01-149 AND 01-150 MUST BE REVERSED BECAUSE THE PROSECUTION INTRODUCED EVIDENCE OF CANNON’S ALLEGED CONFESSIONS IN VIOLATION OF HIS FIFTH, SIXTH, AND FOURTEENTH AMENDMENT RIGHTS AND HIS CORRESPONDING RIGHTS UNDER THE STATE CONSTITUTION.
II. CANNON’S CONVICTION IN 01-149 MUST BE REVERSED BECAUSE OF THE CONFLICT OF INTEREST OF HIS ATTORNEY.
III. CANNON’S CONVICTION IN 01-150 MUST BE REVERSED BECAUSE OF THE ERRONEOUS ADMISSION OF EVIDENCE OF OTHER OFFENSES.
IV. CANNON’S CONVICTION IN 01-150 MUST BE REVERSED BECAUSE OF THE ERRONEOUS ADMISSION OF EVIDENCE OF OTHER OFFENSES.
V. CANNON’S CONVICTIONS IN BOTH CASES AND THE JUDGMENT IN THE FORFEITURE PROCEEDING MUST BE REVERSED BECAUSE THE STATE FAILED TO REVEAL THE COMPLETE DEAL JOSEPH BURNS HAD FOR TESTIFYING AGAINST CANNON, .
VI. THE COURT SHOULD GRANT NEW TRIALS IN ALL THREE CASES BECAUSE THE PROSECUTION KNOWINGLY RELIED ON FALSE EVIDENCE IN VIOLATION OF THE STATE AND FEDERAL CONSTITUTIONS.
VII. THE COURT SHOULD REVERSE THE CONVICTIONS AND SENTENCES OF CANNON BECAUSE THE TRIAL JUDGE REVEALED THAT HE HAD RECEIVED EX PARTE COMMUNICATIONS REGARDING CANNON’S CASES.
VIII. THIS COURT SHOULD REVERSE CAUSE NO. 01-150 BECAUSE CRAIG OSTER WAS ERRONEOUSLY PERMITTED TO TESTIFY AS AN EXPERT ON THE ISSUE OF CANNON’S INTENT TO SELL DRUGS.
IX. THIS COURT SHOULD REVERSE BECAUSE - OF THE USE OF IMPERMISSIBLE EXPERT TESTIMONY IN CAUSE NO. 01-149 AND 01-150.
X.IT WAS REVERSIBLE ERROR TO ALLOW HEARSAY EVIDENCE IN CAUSE NO. 01-150 AS TO WHAT OTHER PEOPLE HAD TOLD BEARFIELD IN ORDER FOR HIM TO OBTAIN THE MARCH 3RD WARRANT.
XI. THIS COURT SHOULD REMAND CASE 01-149 FOR AMENDMENT OF THE SENTENCING ORDER.
XII. THIS COURT SHOULD REVERSE CASES 01-149 AND 01-150 FOR RESENTENCING BECAUSE THE TRIAL COURT FAILED TO MAKE FINDINGS REGARDING CANNON’S LIFE EXPECTANCY BEFORE SENTENCING HIM TO THIRTY YEARS.
XIII. THIS COURT SHOULD REVERSE THE SENTENCES IN CASE 01-150 BECAUSE THE TRIAL COURT OVER CANNON’S OBJECTION AL[738]*738LOWED THE PROSECUTION TO AMEND CANNON’S INDICTMENT TO CHARGE HIM AS AN HABITUAL OFFENDER.
XIV. THE COURT SHOULD REVERSE THE SENTENCE IN CAUSE NO. 01-150 BECAUSE THE TRIAL JUDGE ERRONEOUSLY DOUBLED CANNON’S SENTENCE PURSUANT TO § 41-29-147.
XV. CANNON RECEIVED INEFFECTIVE ASSISTANCE OF COUNSEL IN VIOLATION OF HIS SIXTH AMENDMENT RIGHT TO COUNSEL AND HIS DUE PROCESS RIGHT TO A FAIR TRIAL AND CORRESPONDING SECTIONS OF THE MISSISSIPPI CONSTITUTION.
XVI. THIS COURT MUST REVERSE THE FORFEITURE BECAUSE THE FORFEITURE PETITION FAILS TO STATE A CAUSE OF ACTION FOR FORFEITURE OF THE REAL PROPERTY.
XVII. THIS COURT MUST REVERSE THE FORFEITURE OF THE LAND BECAUSE THE STATE FAILED TO SERVE ALL OF THE NECESSARY PARTIES TO ITS FORFEITURE.
XVIII. THIS COURT MUST REVERSE THE FORFEITURE PROCEEDINGS BECAUSE THE TRIAL JUDGE ERRONEOUSLY CONCLUDED THAT THE APPELLANTS COULD NOT RELITIGATE THE SUPPRESSION ISSUES AT THE FORFEITURE PROCEEDINGS.
XIX. THE TRIAL COURT COMMITTED REVERSIBLE ERROR IN ADMITTING EVIDENCE . THAT CANNON HAD CON- . FESSED TO DEPUTY PICOU AND TOLD HIM THAT HE HAD USED THE MOTORCYCLE TO PURCHASE METHAMPHETAMINE IN TEXAS.
XX. THE FORFEITURES SHOULD BE REVERSED BECAUSE THE EVIDENCE IS INSUFFICIENT TO SUPPORT FORFEITURE OF THE PROPERTY.
XXI. THE TRIAL COURT ERRED IN HOLDING THAT FORFEITURE OF ALL OF THE LAND WAS PROPORTIONATE TO CANNON’S DRUG USE.

¶ 2. Finding no reversible error, we affirm.

FACTS

¶ 3. The first case, labeled as Cause No. 01-149, involves a conviction for possession of methamphetamine. On March 26, 2001, Officer Clint Earls of the Brookhaven Police Department responded to a call that a vehicle was stopped in the street and blocking traffic. After arriving at the location and approaching the vehicle, the driver of the car sped away. Earls stopped the car in a nearby parking lot, recognized the driver as William “Bill” Cannon, a man whom the sheriffs department was currently investigating, and called for backup. K-9 Deputy Captain Chris Picou arrived on the scene soon afterwards, and, finding Cannon incoherent, detained him and searched his car. Picou soon found a syringe in the car, and, upon further inspection, noticed a canister with camouflage tape wrapped around it lying next to the curb. The canister contained several baggies containing a white powder that was later identified as methamphetamine. [739]*739Cannon was not arrested at that time, and he apparently talked to Officer Picou during the week about becoming an ■ informant. During his conversations with Pi-cou, Cannon admitted that the canister was his. Cannon and his lawyer then met with Picou in Jackson and discussed the possibility of a plea arrangement. At this meeting, Cannon again.admitted that the canister of drugs was his. Cannon was subsequently indicted on possession charges. On October 15, 2001, .Cannon was found guilty of unlawful possession of at least two grams but less than ten grams of methamphetamine with intent to distribute and sentenced to thirty years in custody of the Mississippi Department of Corrections and ordered to pay a one million dollar fine.

¶4. The second case, labeled as Cause No. 01-150, involves a controlled methamphetamine buy at Bill Cannon’s residence. On May 25, 2001, Joseph “Jody” Burns cooperated with four agents of the Mississippi Bureau of Narcotics to buy methamphetamine from Cannon at his residence at 434 Greenwood Lane in Brookhaven, Mississippi. Burns was given $500 to buy the substance and was wired so that the agents, who were positioned several hundred yards away, could hear the transaction. Upon completion of the transaction, the agents converged upon Cannon, who attempted to flee from his residence. The agents detained Burns, Cannon, and a third individual on the property named Becky Butler while securing a search warrant. Upon searching the residence, agents found a small amount of methamphetamine in the shop area, which constituted much of the bottom floor of Cannon’s residence. Upon searching the area around his residence, agents found a camouflaged container that included baggies containing approximately 119 grams of methamphetamine. In the ensuing trial, Cannon was found guilty of unlawful delivery of methamphetamine and unlawful possession of more than thirty grams of methamphetamine with intent to distribute. The court allowed the amendment of the original indictment under UCCCR Rule 7.09 to charge Cannon as an habitual offender under Mississippi Code Annotated § 99-19-81 (Rev.2000).

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Bluebook (online)
918 So. 2d 734, 2005 Miss. App. LEXIS 166, 2005 WL 528418, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cannon-v-state-missctapp-2005.