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Stewart v. State

Citations: 130 So. 3d 559; 2014 Miss. App. LEXIS 31; 2014 WL 211750Docket: No. 2012-KA-01112-COA

Court: Court of Appeals of Mississippi; January 20, 2014; Mississippi; State Appellate Court

Narrative Opinion Summary

The case involves the conviction of an individual for selling cocaine, resulting in a twelve-year sentence with nine years suspended and five years of post-release supervision. The conviction stemmed from a controlled drug purchase facilitated by a confidential informant, whose testimony was pivotal in the trial. Despite defense challenges to the credibility of the informant and claims of ulterior motives, the jury found the evidence sufficient to convict. The appellant's legal counsel filed a Lindsey brief, indicating no errors in the trial proceedings after a comprehensive review, and the appellant did not file a pro se brief. The appellate court affirmed the conviction, finding no arguable issues on appeal and confirming that the evidence supported the jury's verdict beyond a reasonable doubt. The judgment upheld the imposed sentence and fines, assigning all appeal costs to the county, with multiple justices concurring in the decision.

Legal Issues Addressed

Appellate Review of Convictions

Application: The appellate court reviewed the record and found no viable issues to address, affirming the conviction based on the sufficiency of evidence.

Reasoning: The court found no viable issues to address and affirmed the conviction.

Confidential Informant Testimony

Application: The testimony of the confidential informant and the circumstances of the drug purchase were central to the conviction, despite defense arguments questioning the credibility and motives of the informant.

Reasoning: Johnson testified about his work as an informant, detailing the circumstances of the drug purchase.

Role of Jury in Determining Credibility

Application: The jury's role in determining the credibility of witnesses and resolving inconsistent statements is upheld, with the evidence supporting the jury's conclusion.

Reasoning: The credibility of witnesses and the resolution of inconsistent statements are determined by the jury.

Standard of Review for Lindsey Briefs

Application: The attorney representing the appellant filed a Lindsey brief, indicating a thorough review of the record with no arguable issues for appeal, which was accepted by the court.

Reasoning: The attorney complied with these requirements, confirming that she reviewed the record and found no issues to present on appeal.

Sufficiency of Evidence in Criminal Convictions

Application: The court found that the evidence in the record sufficiently supported the jury's finding of guilt beyond a reasonable doubt for the sale of cocaine.

Reasoning: Evidence in the record sufficiently supports the jury's ability to find Stewart guilty beyond a reasonable doubt for the charged offense.