Jefferson v. State

27 So. 3d 410, 2009 Miss. App. LEXIS 299, 2009 WL 1520062
CourtCourt of Appeals of Mississippi
DecidedJune 2, 2009
DocketNo. 2008-KA-00239-COA
StatusPublished

This text of 27 So. 3d 410 (Jefferson 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
Jefferson v. State, 27 So. 3d 410, 2009 Miss. App. LEXIS 299, 2009 WL 1520062 (Mich. Ct. App. 2009).

Opinion

IRVING, J.,

for the Court.

¶ 1. Following a jury trial, the Calhoun County Circuit Court convicted Calvin Jefferson of the sale of cocaine. Jefferson was sentenced to serve twenty years in the custody of the Mississippi Department of [411]*411Corrections, with four years suspended and four years of post-release supervision. He also was ordered to pay a $5,000 fine with $2,500 suspended. Aggrieved, Jefferson appeals and asserts that the verdict is against the overwhelming weight of the evidence.

¶2. We find no reversible error; thus, we affirm Jefferson’s conviction and sentence.

FACTS

¶ 3. Jefferson was indicted in August 2007 for selling cocaine in December 2005 to a confidential informant. In January 2008, Jefferson went to trial and was convicted of selling forty dollars’ worth of cocaine to the confidential informant. The confidential informant testified concerning the transaction that took place between Jefferson and him.

¶ 4. The informant stated that sometime prior to this incident, he contacted Amory Willard and Tim Hamilton about becoming a confidential informant.1 The informant testified that he had struggled with a drug problem for approximately seven years and that he wanted to become a confidential informant in order to conquer his drug addiction. The informant stated that he thought becoming an informant would help him kick his drug habit. He surmised that drug dealers would not sell him drugs after they found out that he had worked as a confidential informant.

¶ 5. The informant testified that on December 8, 2005, Jefferson called him several times and asked if he wanted to buy drugs.2 The informant stated that, at this point, he called Deputy Willard and informed him that Jefferson had called and wanted to sell the informant some drugs. According to the informant, he then met with Deputy Willard and Agent Hamilton at a remote location in Calhoun County. The informant stated that Deputy Willard and Agent Hamilton searched his person and his vehicle before equipping him with a wire and a camera. The informant also stated that recording devices were put in his vehicle. The informant testified that while at the remote location, he called Jefferson and told him that he wished to purchase forty dollars’ worth of crack cocaine and suggested that they meet at a location in town.

¶ 6. The informant then stated that he and Jefferson met at a car wash on Highway 9 and that the officers monitored their meeting from a nearby location. The informant stated that he gave the money to Jefferson and that Jefferson told him that he was going to go and get the cocaine and bring it back to him. According to the informant, Jefferson returned approximately fifteen minutes later and placed the crack cocaine on the hood of the informant’s vehicle. The informant testified that Jefferson then asked if he could have some of the drugs and that he eventually allowed Jefferson to take a piece of it. The informant further testified that he returned to the post-buy location after rebuffing an attempt by Jefferson to get the two of them to ride around and smoke crack together.

¶ 7. On cross-examination, Jefferson’s attorney pointed out that there was a possession of cocaine charge pending against the informant when the informant made the purchase from Jefferson, even though the informant had stated on direct examination that he did not have any charges [412]*412pending against him when he made the buy. Jefferson’s attorney also pointed out that the crime had occurred over two years prior to Jefferson’s trial and that the informant had not been prosecuted for that crime. The informant testified that he did not agree to serve as an informant in hopes of receiving a lenient sentence in that case.

¶ 8. Further, Jefferson’s attorney asked the informant if there was any particular reason that Jefferson was selected as the person from whom to buy the drugs. The informant responded that, although he could not remember the entire conversation, he thought that Deputy Willard suggested that he try to make a buy from Jefferson. Jefferson’s attorney then questioned the informant about the informant’s extensive criminal history, including a charge of burglary, forgery, and numerous charges of writing bad checks. Jefferson’s attorney pointed out that the informant had either pleaded guilty or that the charges had been dismissed. Jefferson’s attorney also pointed out that three weeks before the informant bought the drugs from Jefferson, Deputy Willard procured the dismissal of a charge that the informant had pending against him for driving with a suspended license. Also, on cross-examination, the informant admitted that Deputy Willard had agreed to help him with outstanding tickets in exchange for his making drug buys.

¶ 9. Deputy Willard also testified at Jefferson’s trial. He stated that he was contacted by the informant, who told him that Jefferson had called him and asked him if the informant wanted to purchase drugs. Deputy Willard stated that he and Agent Hamilton met with the informant and equipped him with audio and video devices. Deputy Willard further stated that he and Agent Hamilton went to a location about a mile and a half from the car wash where they listened to what transpired between the informant and Jefferson. According to Deputy Willard, although they were able to hear, they could not see things as they unfolded.3 Deputy Willard stated that he heard the informant make contact with Jefferson and that the informant gave money to Jefferson. Deputy Willard then stated that Jefferson left the car wash and went to an area known as the “Quarters of Bruce.” Deputy Willard testified that Jefferson returned a short while later and tried to get into the informant’s vehicle but that the informant refused to allow him to do so. Deputy Willard stated that Jefferson then placed the rocks of cocaine on the hood of the informant’s vehicle and that the informant picked them up, but later, after constant pleas from Jefferson, allowed Jefferson to take a small piece.

¶ 10. Agent Hamilton also testified at Jefferson’s trial. He stated that on December 8, he met with the confidential informant and Deputy Willard at a “pre-buy” location. Agent Hamilton stated that he and Deputy Willard searched the informant and his vehicle and placed audio and video surveillance equipment in the informant’s vehicle. Agent Hamilton stated that he then issued the informant forty dollars to be utilized in the purchase of drugs from Jefferson. Agent Hamilton said that the informant then contacted Jefferson and arranged to meet Jefferson at the car wash. Once at the car wash, Agent Hamilton observed the informant give Jefferson forty dollars. Agent Hamilton testified that he watched Jefferson leave the car wash and travel north on Highway 9. According to Agent Hamilton, Jefferson returned to the car wash shortly thereafter and “conducted the transaction.” Agent Hamilton stated that after the [413]*413transaction had been completed, he and Deputy Willard met the informant and that the informant gave the drugs to him. Agent Hamilton testified that he subsequently transported the substance to the Mississippi Crime Laboratory.

¶ 11. Grady Downey, a forensic scientist with the crime lab, testified that he examined the substance that was brought to the crime lab and determined that it was free base cocaine.

¶ 12. Jefferson testified on his own behalf and denied that he had sold drugs to the informant.

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Cite This Page — Counsel Stack

Bluebook (online)
27 So. 3d 410, 2009 Miss. App. LEXIS 299, 2009 WL 1520062, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jefferson-v-state-missctapp-2009.