Turner v. State, No. 89-KA-0842

CourtMississippi Supreme Court
Writing for the CourtROBERTSON; ROY NOBLE LEE; SULLIVAN
Citation573 So.2d 1340
Decision Date27 December 1990
Docket NumberNo. 89-KA-0842
PartiesEdward TURNER, Jr. v. STATE of Mississippi.

Page 1340

573 So.2d 1340
Edward TURNER, Jr.
v.
STATE of Mississippi.
No. 89-KA-0842.
Supreme Court of Mississippi.
Dec. 27, 1990.

Page 1341

David H. Linder, Joe Clay Hamilton, Brehm T. Bell, Hamilton & Linder, Meridian, for appellant.

Mike C. Moore, Atty. Gen., John R. Henry, Jr., Sp. Asst. Atty. Gen., Jackson, for appellee.

Before DAN M. LEE, P.J., and ROBERTSON and BLASS, JJ.

ROBERTSON, Justice, for the Court:

I.

The next day he was back at it again, Edward Turner, Jr., that is, and the undercover narcotics agent and the confidential informant were the same as well. Plans for a complete deja vu were thwarted when Turner's undercover would-be consumers were a bit late in arriving, and he reported that the package he had for them had been too much to hold and he had sent it back. Instead, Turner sent the agent and CI down the street to another seller and has been convicted of accessory before the fact of sale of cocaine, with like legal effect.

We affirm.

II.

On May 18, 1989, undercover narcotics agent Lawrence Vaughan purchased cocaine from Edward Turner, Jr. near the Cat's Den in Lauderdale County, Mississippi, with the able assistance of confidential informant Anthony Lewayne Cole, and we have affirmed. Turner v. State, 573 So.2d 1335 (Miss.1990). The next day, May 19, 1989, Agent Vaughan and CI Cole returned and parked their car, Cole's Pontiac Fierro, near the Cat's Den. Turner soon approached and "told us ... that we were late and he had sent the package back--had sent the cocaine back. Said it was too much stuff to hold." Turner then told Vaughan and Cole to move on up the street "and he left and said someone would take care of us."

Shortly thereafter, a woman named Betty Gandy appeared and approached Vaughan and Cole and sold them "an eight ball," said to be an eighth of an ounce of cocaine, for a negotiated purchase price of $250.00. The buy was chemically analyzed at the state crime laboratory and confirmed to be cocaine.

On August 1, 1988, the Lauderdale County Grand Jury returned two indictments against Edward Turner, Jr., the first charging him with the sale of cocaine on May 18, 1989. That indictment has led to trial, conviction and affirmance on appeal. See Turner v. State, supra. The present indictment charged Turner with accessory before the fact of sale of cocaine. Miss.Code Ann. Secs. 97-1-3 and 41-29-115(A)(a)(4) and -139(a)(1) (1972 and Supp.1989). Turner stood trial on June 12, 1989, and the jury found him guilty as charged. The Circuit Court sentenced Turner to twenty-four (24) years imprisonment and payment of a $5,000.00 fine, the sentence to be served concurrently with his sentence arising out of the May 18 sale.

III.

On appeal, Turner first argues that the evidence is legally insufficient to establish his guilt and that the Circuit Court erred when it denied his motion for a judgment

Page 1342

of acquittal notwithstanding the verdict. Our scope of review on such issues is as familiar as it is limited. See, e.g., Campbell v. State, 566 So.2d 475, 476 (Miss.1990); Garrett v. State, 549 So.2d 1325, 1331 (Miss.1989).

Turner argues that the prosecution failed to prove a relationship between Gandy and Turner. He argues further that no evidence proves that he exercised control over the cocaine or received any pecuniary advantage by its sale. He says he was absent at the time of the sale and only speculation leads to the conclusion that there was a connection between Turner and the sale. In support Turner relies on Clemons v. State, 482 So.2d 1102 (Miss.1985); Hemphill v. State, 304 So.2d 654 (Miss.1974); and the non-Mississippi decisions of Pennington v. State, 526 So.2d 87 (Fla.App.1987), and Moncivalles v. State, 733 S.W.2d 601 (Tex.App.1987). These cases profit him nothing.

Fairly summarized, the evidence reflects that

(1) Turner approached the vehicle Vaughan and Cole were driving.

(2) Turner told Vaughan and Cole that they were late and the cocaine had been "sent back".

(3) Turner told Vaughan and Cole to proceed up the street for a short...

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39 practice notes
  • Townsend v. State, No. 92-KA-01010-SCT
    • United States
    • United States State Supreme Court of Mississippi
    • August 1, 1996
    ...submitted, S-2 constituted a peremptory instruction and the submission of such an instruction was reversible error. See Turner v. State, 573 So.2d 1340, 1343 (Miss.1990) (There is no directed verdict of guilt in criminal cases). Essentially, S-2 allowed the jurors to find Townsend guilty of......
  • Edwards v. State, No. 97-DP-00566-SCT.
    • United States
    • United States State Supreme Court of Mississippi
    • February 18, 1999
    ...fact must be found via jury instructions correctly identifying the elements of the offense under the proper standards." Turner v. State, 573 So.2d 1340, 1343 (Miss.1990). "Where the jury had incorrect or incomplete instructions regarding the law, our review task is high unto impossible and ......
  • Wilcher v. State, No. 94-DP-00760-SCT
    • United States
    • United States State Supreme Court of Mississippi
    • March 13, 1997
    ...of the case at hand. Therefore, the trial judge did not abuse his discretion in excluding the conviction. See also Turner v. State, 573 So.2d at 1340. Wilcher's argument to the contrary is without IX. WHETHER THE TRIAL COURT ERRED IN EXCLUDING MITIGATING EVIDENCE? Wilcher next argues that t......
  • Wilcher v. State, No. 94-DP-00761-SCT.
    • United States
    • Mississippi Supreme Court
    • March 13, 1997
    ...of the case at hand. Therefore, the trial judge did not abuse his discretion in excluding the conviction. See also Turner v. State, 573 So.2d at 1340. Wilcher's argument to the contrary is without 697 So.2d 1133 V. WHETHER THE TRIAL COURT ERRED IN EXCLUDING MITIGATING EVIDENCE? Wilcher next......
  • Request a trial to view additional results
39 cases
  • Townsend v. State, No. 92-KA-01010-SCT
    • United States
    • United States State Supreme Court of Mississippi
    • August 1, 1996
    ...submitted, S-2 constituted a peremptory instruction and the submission of such an instruction was reversible error. See Turner v. State, 573 So.2d 1340, 1343 (Miss.1990) (There is no directed verdict of guilt in criminal cases). Essentially, S-2 allowed the jurors to find Townsend guilty of......
  • Edwards v. State, No. 97-DP-00566-SCT.
    • United States
    • United States State Supreme Court of Mississippi
    • February 18, 1999
    ...fact must be found via jury instructions correctly identifying the elements of the offense under the proper standards." Turner v. State, 573 So.2d 1340, 1343 (Miss.1990). "Where the jury had incorrect or incomplete instructions regarding the law, our review task is high unto impossible and ......
  • Wilcher v. State, No. 94-DP-00760-SCT
    • United States
    • United States State Supreme Court of Mississippi
    • March 13, 1997
    ...of the case at hand. Therefore, the trial judge did not abuse his discretion in excluding the conviction. See also Turner v. State, 573 So.2d at 1340. Wilcher's argument to the contrary is without IX. WHETHER THE TRIAL COURT ERRED IN EXCLUDING MITIGATING EVIDENCE? Wilcher next argues that t......
  • Wilcher v. State, No. 94-DP-00761-SCT.
    • United States
    • Mississippi Supreme Court
    • March 13, 1997
    ...of the case at hand. Therefore, the trial judge did not abuse his discretion in excluding the conviction. See also Turner v. State, 573 So.2d at 1340. Wilcher's argument to the contrary is without 697 So.2d 1133 V. WHETHER THE TRIAL COURT ERRED IN EXCLUDING MITIGATING EVIDENCE? Wilcher next......
  • Request a trial to view additional results

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