Posted by Jake remmington on 9/18/10

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A man is stopped in a traffic
stop. He ingests a coffee filter
containing meth. A spoon with
meth residue is found in the
truck as well. He is taken to the
hospital where the filter is
recovered and subsequently
test positive for residue. He
pleads guilty to 2 counts of
possession. On p.c.r. He raises
the claim of double jeopardy
claiming that the crime of
"possession" was fully
consummated upon receipt of
the drugs and that dividing the
drugs for prosecution based
solely on the fact that the
drugs were recovered at
different times is punishing the
defendant twice for the exact
same criminal conduct thereby
constituting a double jeopardy
violation. This is a mississippi
case denied at the trial court
level and currently set to be
heard in the c.o.a. I've not been
able to find much supporting
case law to support the double
jeopardy claim when dealing with
partially ingested amounts of
c.d.s. Can anyone give me some
advice or opinions here ?

Double jeopardy ?, 9/18/10, by Jake remmington.

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