Posted 11:26 pm Thursday, November 15, 2012
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Appeals court upholds life sentence for Gilmer man
By PHILLIP WILLIAMS
Special Correspondent
Special Correspondent
GILMER — A state appellate court on Wednesday upheld the 2011 conviction of a Gilmer man who received a life sentence as a habitual offender after being convicted of delivering cocaine near a school.
The conviction of Kirk Douglas Bolton, 57, was upheld by the 6th Court of Appeals in Texarkana. Bolton had five prior felony convictions, Upshur County District Attorney Billy Byrd said, who prosecuted the drug case.
Bolton was convicted Dec. 7 of delivery of less than one gram of cocaine within a drug-free zone, which was within 1,000 feet of the Gilmer Alternative Education Placement School, Byrd previously said. The offense happened in March 2011.
Byrd said an undercover informant was wired with a hidden video camera and sent to purchase cocaine from Bolton.
A 115th District Court jury convicted and sentenced Bolton, who was represented at trial by Gilmer attorney Matthew Patton.
Court-appointed appellate attorney Dwight Brannon, of Gilmer, sought to overturn the conviction on grounds there was insufficient evidence to corroborate the informant's testimony; generally insufficient evidence to support the guilty verdict; and insufficient evidence because the indictment against Bolton was never properly amended to correct an error in the charge against him.
The conviction of Kirk Douglas Bolton, 57, was upheld by the 6th Court of Appeals in Texarkana. Bolton had five prior felony convictions, Upshur County District Attorney Billy Byrd said, who prosecuted the drug case.
Bolton was convicted Dec. 7 of delivery of less than one gram of cocaine within a drug-free zone, which was within 1,000 feet of the Gilmer Alternative Education Placement School, Byrd previously said. The offense happened in March 2011.
Byrd said an undercover informant was wired with a hidden video camera and sent to purchase cocaine from Bolton.
A 115th District Court jury convicted and sentenced Bolton, who was represented at trial by Gilmer attorney Matthew Patton.
Court-appointed appellate attorney Dwight Brannon, of Gilmer, sought to overturn the conviction on grounds there was insufficient evidence to corroborate the informant's testimony; generally insufficient evidence to support the guilty verdict; and insufficient evidence because the indictment against Bolton was never properly amended to correct an error in the charge against him.
Bolton also argued that trial Judge Lauren Parish erred by letting an alternate juror be present with the jury during deliberations, and by limiting Bolton's cross-examination of the informant.
Byrd said officers testified Bolton committed acts of violence with weapons. Assistant District Attorney Natalie Miller wrote the brief to the appellate court supporting the verdict and sentence.
The three-member appellate court rejected the appeal in a 13-page opinion authored by Justice Bailey C. Moseley.
Byrd said Bolton could appeal to the Texas Court of Criminal Appeals, but termed it “highly unlikely” that court would agree to review the case.
Brannon was unaware the conviction had been upheld until contacted by the Tyler Morning Telegraph Wednesday. “I can't comment on it 'cause I haven't received it (the ruling) yet,” Brannon said.
Byrd said officers testified Bolton committed acts of violence with weapons. Assistant District Attorney Natalie Miller wrote the brief to the appellate court supporting the verdict and sentence.
The three-member appellate court rejected the appeal in a 13-page opinion authored by Justice Bailey C. Moseley.
Byrd said Bolton could appeal to the Texas Court of Criminal Appeals, but termed it “highly unlikely” that court would agree to review the case.
Brannon was unaware the conviction had been upheld until contacted by the Tyler Morning Telegraph Wednesday. “I can't comment on it 'cause I haven't received it (the ruling) yet,” Brannon said.
