State v. Ellis

L Michael Ellis was found guilty as charged of possession of cocaine with intent to distribute. The jury’s verdict was 11-1. He later pled guilty to being a second-felony habitual offender, and was sentenced as such.

He appeals on four grounds:

1. Insufficiency of the evidence;

2. Failure to grant a mistrial relative to an opening statement comment by the prosecution;1

8. Involuntariness of his confession;2 and

4. Excessive sentence.3

We reviewed the record in the light most favorable to the prosecution. We find that no rational trier of fact could have found beyond a reasonable doubt that the…