POSTED: Thursday, November 15, 2012 - 1:38pm
UPDATED: Thursday, November 15, 2012 - 7:39pm
Upshur County, TX — 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 sentencing phase, the state prosecution 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 limited cross-examination of an informant. The appeals panel sided with the trial court's judgment in all of Bolton's arguments.