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IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI NO. 96-KA-00609 COA WARREN "BOBO" HALL v. STATE OF MISSISSIPPI APPELLANT APPELLEE

THIS OPINION IS NOT DESIGNATED FOR PUBLICATION AND MAY NOT BE CITED, PURSUANT TO M.R.A.P. 35-B DATE OF JUDGMENT: TRIAL JUDGE: COURT FROM WHICH APPEALED: ATTORNEY FOR APPELLANT: ATTORNEY FOR APPELLEE: DISTRICT ATTORNEY: NATURE OF THE CASE: TRIAL COURT DISPOSITION: 3/04/96 HON. LILLIE BLACKMON SANDERS WILKINSON COUNTY CIRCUIT COURT THOMAS L. ROSENBLATT OFFICE OF THE ATTORNEY GENERAL BY: W. GLENN WATTS VINCENT DAVIS CRIMINAL - FELONY CONVICTED OF THE CRIME OF SALE OF COCAINE AND SENTENCED TO 15 YRS. IN CUSTODY OF MDOC. AFFIRMED - 12/16/97

DISPOSITION: MOTION FOR REHEARING FILED: CERTIORARI FILED: MANDATE ISSUED:

2/4/98

BEFORE BRIDGES, C.J., PAYNE, AND SOUTHWICK, JJ. PER CURIAM: Warren "Bobo" Hall was convicted of the crime of sale of cocaine and sentenced to a term of fifteen years in the custody of the Mississippi Department of Corrections. He appeals his conviction and sentence, arguing that the trial court abused its discretion in denying his motion for judgment notwithstanding the verdict or alternatively, for a new trial. On September 27, 1994, a confidential informant, Mary Thompson, made a controlled buy of cocaine from the defendant, Warren "Bobo" Hall. Thompson had been used as an informant for the Mississippi Bureau of Narcotics on numerous other occasions, and on this particular day, was directed to "make a buy" by Agents Anderson, Sterling, and Wroten. A limited search was conducted

on Thompson and a transmitter was placed on her person so all activities and conversations could be monitored and recorded. She received $100 to make a drug purchase and left in a car driven by a friend who was unaware of the possible drug purchase. Thompson went to Crosby, Mississippi to an area known as the "Quarter." She testified that she went to this particular area because it was known for drug activity. She stated that she asked the driver of the car to stop when she saw William White. Thompson testified that White was a known drug user and she asked him where she could "score some coke." White proceeded to take $50 from Thompson, left, and later returned with Hall. Thompson testified that she paid Hall $50 and he gave her two rocks he had been holding in his hand. Thompson put the cocaine in a paper container, returned to the area where she had met with the agents earlier, and gave the cocaine to Agent Anderson. Hall was subsequently arrested and convicted of the crime of sale of cocaine and was sentenced to fifteen years in the custody of the Mississippi Department of Corrections. Hall's post trial motions challenged both the legal sufficiency and weight of the evidence. In reviewing the legal sufficiency of the evidence, our authority to disturb the jury's verdict is quite limited. Clayton v. State, 652 So. 2d 720, 724 (Miss. 1995). In Noe v. State, 616 So. 2d 298, 302 (Miss. 1993), the Mississippi Supreme Court held: In judging the sufficiency of the evidence . . . the trial judge is required to accept as true all of the evidence that is favorable to the State, including all reasonable inferences that may be drawn therefrom, and to disregard evidence favorable to the defendant. The jury is charged with the responsibility of weighing and considering conflicting evidence, evaluating the credibility of the witnesses, and determining whose testimony should be believed. McClain v. State, 625 So. 2d 774, 781 (Miss. 1993). Further, in Doby v. State, 532 So. 2d 584, 590 (Miss. 1988), the court held that the testimony of a single witness is sufficient to support a conviction. In Williams v. State, 427 So. 2d 100, 104 (Miss. 1983), our supreme court held that jurors may accept or refuse testimony of witnesses stating, "It is not for this Court to pass upon the credibility of witnesses and where the evidence justifies the verdict it must be accepted as having been found worthy of belief." Here, the jury weighed the evidence, believed the State's witnesses, and convicted Hall. This assignment of error must also be reviewed in a light most favorable to the State. Williams v. State, 463 So. 2d 1064, 1068 (Miss. 1985). The evidence which is consistent with the verdict must be accepted as true. Glass v. State, 278 So. 2d 384, 386 (Miss. 1973). Considered as such, we cannot say that the trial court was in error by refusing to grant Hall a directed verdict or JNOV/new trial. Finding that the lower court did not err in refusing the motions requested by the defense, we affirm the decision of the lower court. THE JUDGMENT OF THE CIRCUIT COURT OF WILKINSON COUNTY OF CONVICTION OF SALE OF COCAINE AND SENTENCE OF FIFTEEN YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS IS AFFIRMED.

ALL COSTS OF THIS APPEAL ARE ASSESSED TO WILKINSON COUNTY. BRIDGES, C.J., McMILLIN AND THOMAS, P.JJ., COLEMAN, DIAZ, HERRING, HINKEBEIN, KING, PAYNE, AND SOUTHWICK, JJ., CONCUR.



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