Stribling v. State

81 So. 3d 1155, 2011 Miss. App. LEXIS 484, 2011 WL 3570020
CourtCourt of Appeals of Mississippi
DecidedAugust 16, 2011
DocketNo. 2009-KA-01420-COA
StatusPublished
Cited by9 cases

This text of 81 So. 3d 1155 (Stribling 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
Stribling v. State, 81 So. 3d 1155, 2011 Miss. App. LEXIS 484, 2011 WL 3570020 (Mich. Ct. App. 2011).

Opinion

GRIFFIS, P.J.,

for the Court:

¶ 1. Janice Stribling was convicted in the Neshoba County Circuit Court of three counts of selling cocaine. On appeal, she argues that: (1) the trial judge erred when he allowed the State to play only parts of surreptitious video recordings of the cocaine sales for the jury instead of the entire recordings; (2) the trial judge erred when he refused to instruct the jury to take the testimony of a confidential informant with “great care and caution” and to “look upon it with distrust and suspicion”; (8) the State wrongfully tried her on a multi-count indictment for separate and distinct offenses; and (4) there was insufficient evidence to support her conviction or, alternatively, that the jury’s verdict is against the overwhelming weight of the evidence. We find no error and affirm.

FACTS

¶ 2. In 2007, a confidential informant named Barry Battle worked with officers from the Mississippi Bureau of Narcotics (MBN) and the Neshoba County Sheriffs Office in a sting operation. Battle made three separate purchases of crack cocaine from Stribling in Philadelphia, Mississippi.

¶ 3. Officer James Gregory of the MBN testified that Battle received $100 for every purchase he made from a drug dealer. According to Battle, by the time he participated in the sting against Stribling, he had served as an informant for eleven years.

¶ 4. Officer Gregory testified that on January 18, 2007, he and Deputy Sheriff Grant Myers met with Battle in Philadelphia to arrange a drug purchase from Stri-bling. At the “pre-buy meeting,” pursuant to standard procedure, Officer Gregory and Deputy Myers searched Battle’s person and car to ensure that he did not already possess drugs. The purpose of such a search was to provide greater confidence that any drugs returned to them by Battle after the purchase were obtained from Stribling.

¶ 5. There was conflicting testimony about the thoroughness of the search. On cross-examination, Officer Gregory admitted that he did not search Battle’s under[1158]*1158wear, shoes, socks, or bodily orifices. Also, when asked to list the parts of Battle’s car that were searched, Officer Gregory failed to mention the ash tray, and he further admitted that he did not search the car’s hubcaps. In contrast, Battle testified that: Officer Gregory did search his shoes and socks; he “felt of’ his underwear and orifices; and he did search the car’s ashtray. Battle confirmed that Officer Gregory did not search the car’s hubcaps.

¶ 6. Following the search, Officer Gregory and Deputy Myers equipped Battle with an audiovisual recording device so that the transaction could be recorded. They also equipped him with a live audio transmitter so that they could simultaneously monitor the events as they occurred. They then gave Battle money to make the purchase and sent him on the buy. Battle was alone in his car as he drove from the pre-buy meeting to the purchase site.

¶ 7. Officer Gregory testified that he and Deputy Myers followed Battle in their own car, but they could not get too close or they would jeopardize the operation and Battle’s safety. Officer Gregory admitted on cross-examination that he often lost sight of Battle while Battle was en route to the purchase site. Officer Gregory further admitted that, during the purchase, he and Deputy Myers were parked across the street and did not have a line of sight to the purchase location. Officer Gregory testified that the live audio feed was of poor quality and that it was often impossible to tell who was speaking or what was said.

¶ 8. The January 18th audiovisual recording starts at the pre-buy meeting just as Battle gets in his car to drive to the purchase site. During the drive, the camera is pointed toward Battle’s glove compartment. The viewer cannot see Battle. Various noises can be heard, including Battle’s car stereo, but none of the noises seem important or unusual. Battle arrives at the purchase site, which he later identified in his testimony as a mobile home at Southside Trailer Park in Philadelphia. A woman, who Battle later identified as Stri-bling, approaches the driver-side window of his car. She asks, “What you want?” Battle responds, “Oh, forty.” He then enters the mobile home where he stands around while Stribling goes into another room and shuts the door. She emerges a few moments later and puts three or four small objects on the kitchen counter. It appears that Battle then takes possession of the objects and hands Stribling cash. Battle then leaves the mobile home and meets with Officer Gregory and Deputy Myers.

¶ 9. Officer Gregory testified that Battle returned from the purchase site with what appeared to be three rocks of crack cocaine. The crime laboratory later confirmed that the rocks contained .81 gram of cocaine base.

¶ 10. According to Officer Gregory and Battle, this same procedure was followed on January 25, 2007, and on March 29, 2007. According to them, on both of those occasions, Battle purchased what appeared to be crack cocaine from Stribling.

¶ 11. The January 25th audiovisual recording starts as Battle leaves the pre-buy meeting. During the drive to the purchase site, the camera is pointed at Battle’s gearshift. The viewer cannot see Battle. All that can be heard are road noises and Battle’s car stereo. Battle arrives at the purchase site and enters a mobile home, which he later identified as the same mobile home from the January 18th purchase. He tells Stribling, “I need a four-zero.” She makes a phone call and then leaves the mobile home for a while. She returns a few moments later and places three or four small objects on the kitchen counter. It appears Battle takes [1159]*1159possession of the objects and hands her cash.

¶ 12. The March 29th audiovisual recording starts as Battle leaves the pre-buy meeting. During the drive to the purchase site, the camera is again pointed at the car’s glove compartment, and nothing important is seen or heard. Battle meets with Stribling in a parking lot, which Battle later identified in his testimony as the parking lot for Hillcrest Apartments in Philadelphia. Battle stays in his car. Stribling approaches the passenger-side window. The camera swings wildly from side to side, and it is not clear what transpires in this recording, except it does appear that Battle hands Stribling cash toward the end of their conversation.

¶ 13. Officer Gregory testified that on January 25 and March 29, he and Battle met after the purchases. At those times, Battle handed over what appeared to be rocks of crack cocaine. The crime laboratory later confirmed that the rocks obtained on January 25 contained .5 gram of cocaine base. The rocks obtained on March 29 contained .2 gram of cocaine base.

¶ 14. Stribling was convicted of three counts of selling a Schedule II controlled substance in violation of Mississippi Code Annotated section 41 — 29—139(a)(1) (Rev. 2009). She was sentenced to ten years on count one, two years on count two, and one year on count three for a total of thirteen years. The sentences were ordered to run consecutively, with the entire sentence served in the custody of the Mississippi Department of Corrections. Her appeal was deflected to this Court for our review.

ANALYSIS

1. Whether the trial judge erred when he refused to require the State to play the entire video recordings.

¶ 15. The State, in its case-in-chief, admitted the video recordings into evidence.

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Bluebook (online)
81 So. 3d 1155, 2011 Miss. App. LEXIS 484, 2011 WL 3570020, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stribling-v-state-missctapp-2011.