Garrett Eugene Ray v. State of Mississippi – Lindsey brief – Stone County narcotics officers got a tip about an unknown individual offering to sell crack cocaine. They met with the informant to arrange a sale. When the purported seller arrived at the place arranged for, officers parked nearby and called the seller’s cell phone. They watched Ray in an SUV answer his phone. When officers approached the SUV, Ray threw a Newport cigarette pack out the driver’s window. One of the officers grabbed it. Inside were cigarettes and cocaine. Ray was found guilty of possessing cocaine with intent to
distribute and sentenced as an habitual offender to sixteen years without parole. On appeal, Ray’s appointed counsel filed a Lindsey brief. Ray filed his own brief alleging that (1) he was denied the right to make a statement to the jury without taking the stand, (2) his arrest was the result of an unlawful search and seizure, (3) he was wrongfully denied the right to confront the confidential informant, and (4) his trial and appellate counsel were constitutionally deficient. Ray never requested to make an opening statement. He was not under arrest when officers obtained the cigarette pack so there was no unlawful search and seizure. Since the confidential informant was not an eyewitness to the sale, the trial court’s denying the motion to reveal his identity was not error. And Ray never articulated what his trial and appellate counsel did wrong. The COA affirms.
The Court amends MRAP 22(a) to fix a typo. MRAP 22(a) governs petitions for post-conviction relief.