POSTED: Thursday, November 15, 2012 - 3:00pm
UPDATED: Thursday, November 15, 2012 - 4:14pm
Upshur County, TX (KETK) — An Upshur County man's life sentence for dealing less than a gram of cocaine was affirmed this week by the 6th Court of Appeals.
On Wednesday, an appeals panel found no error had occurred in the life sentence of Kirk Douglas Bolton, 57, in Judge Parrish's 115th Judicial Court in late 2011. He was found guilty of delivery of cocaine less than one gram in a school zone of a daycare.
During the sentenceing phace, the state prosectution was able to prove Bolton was a habitual offender, raising the minimum punishment to 25 years up to life behind bars. The jury handed down a life sentence.
The dealer appealed based on insufficient evidence, an alternate juror present during deliberations and limitated cross-examination of an informant. The appeals panel sided with the trial court's judgement in all of Bolton's arguments.
Prior charges include Burglary Habitation Intend Other Felony, Bench Warrant – MTR (MB), Possession of Drug Paraphernalia, Driving While Intoxicated, Theft (four separate counts), PI M-C, Failure to Yeild Row M-C, Theft over $20,000, Possession of a Controlled Dangerous Substance.