Despite his plea, Clay County resident Alphonzo C. Garth will not get to stand trial again for his possession of cocaine charge unless a higher court of Mississippi rules in his favor.
During the January term of Clay County Circuit Court Garth stood trial for the charge, and after a 30-minute deliberation by the jury Garth was found guilty of possessing over 30 grams of cocaine the night of Oct. 6, 2011. One day after the jury weighed the evidence and found him guilty the court sentenced Garth to 25 years in prison followed by five years of post release supervision.
A couple of weeks ago Garth, along with his attorney, filed a motion asking the court to grant him a new trial. The motion states the juryâ€™s verdict either went against the â€śoverwhelming weight of evidenceâ€ť provided by Garthâ€™s attorney or the verdict was reached through bias and prejudice. For these alleged reasons Garth and his attorney believes Garth should be given the opportunity to plead his case once again before a new jury.
Last week the court held a hearing on the motion and listened to the reasons why Garth should be awarded a new trial, but the court found that the motion was not well-taken and overruled the motion.
Garth, who is currently being held at the Clay County Detention Center, still has the option of filing an appeal to the decision with the Mississippi Court of Appeals.