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481 So. 2d 763

Gray v. State

Mississippi Supreme Court

Decided December 11, 1985

Mississippi Supreme Court · decided 1985-12-11

Cited by 1 later decisions — most recently April 1986

1 state decisions

Applies MS 41 § 41-29-139 · MS 99 § 99-17-1

Relies on Barker v. Wingo · 481 So. 2d 760 - Nations v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1985-12-11

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PRATHER, Justice, for the Court:

¶1This appeal proceeds from a criminal conviction returned in the Circuit Court of Yazoo County, Mississippi, Honorable Reuben Anderson presiding, wherein Neal Gray was tried and found guilty for the sale of more than a kilogram of marijuana, in violation of Miss. Code Ann. § 41-29-139(a)(1) and 41-29-139(c)(l)(Supp.l984). Gray was sentenced to a term of twenty (20) years in the custody of the Mississippi Department of Corrections, ten (10) years suspended and ten (10) years to serve.

¶2Gray appeals and assigns the following as error:

¶3(1) The state failed to try Neal Gray within the 270 day period required by Miss. Code Ann. § 99-17-1 (Supp.1984);

¶4*764(2) The delay in trying Gray violated his right to a speedy trial; and

¶5(3) The verdict of the jury was the result of bias and passion and against the overwhelming weight of the evidence.

¶6Neal Gray was one of the co-indictees on the charge of sale of more than a kilogram of marijuana in March of 1983 in Yazoo City, Mississippi. Another co-indictee was Charles Allen Nations whose conviction was addressed by this Court and affirmed. Charles Allen Nations v. State, 481 So.2d 760 (1985). Although representing slightly different dates and times from the time of arraignment to the time of trial of Nations, the facts of this case closely parallel that of the Nations case. In both cases three different attorneys were represented the defendant at different times, necessitating a delay in the trial. Continuances for good cause were granted by the Court. The defendant Gray did not assert his right to a speedy trial and failed to show prejudice. Barker v. Wingo, 407 U.S. 514, 92 S.Ct. 2182, 33 L.Ed.2d 101 (1972). _

¶7The trial judge correctly held, based upon this record, that it was no fault of the State that the case was late in trial. The delay as evidenced by the record was for good cause.

¶8This Court holds that this case is controlled by and disposed of by the Charles Allen Nations v. State case, supra and should be affirmed. No violation of state or federal rights are supported by the record.

¶9AFFIRMED.

PATTERSON, C.J., WALKER and ROY NOBLE LEE, P.JJ., and HAWKINS, DAN M. LEE, ROBERTSON and SULLIVAN, JJ., concur.ANDERSON, J., not participating.
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