Taylor v. State
| Docket Number: | 2001-KA-01736-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 04-08-2003 Opinion Author: King, P.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Possession of more than two grams but less than ten grams of methamphetamine - Constructive possession instruction - Weight of evidence Judge(s) Concurring: McMillin, C.J., Southwick, P.J., Bridges, Thomas, Lee, Irving, Myers, Chandler and Griffis, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 10-19-2001 Appealed from: Scott County Circuit Court Judge: Vernon Cotten Disposition: POSSESSION OF METHAMPHETAMINE - SIXTEEN YEARS WITH TWO YEARS SUSPENDED. District Attorney: Ken Turner Case Number: 01-CR-021-SC |
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| Party Name: | Attorney Name: | |||
| Appellant: | Jerry Allen Taylor |
BARNEY GLENN FOLSE |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: JOHN R. HENRY |
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Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Possession of more than two grams but less than ten grams of methamphetamine - Constructive possession instruction - Weight of evidence |
| Summary of the Facts: | Jerry Taylor was convicted of the possession of more than two grams but less than ten grams of methamphetamine. He was sentenced to sixteen years, with two years suspended, and placed on probation for two years. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Constructive possession instruction Taylor argues that the court erred by granting the State's constructive possession jury instruction, because the instruction contains a misstatement of what constitutes constructive possession. Constructive possession may be shown by establishing that the drug involved was subject due to the defendant’s dominion or control. Proximity is usually an essential element, but by itself is not adequate in the absence of other incriminating circumstances. The instruction instructed the jury to find the defendant guilty if it found beyond a reasonable doubt that at the time and place charged in the indictment and testified about that the defendant, although not having the substance for which he is charged in his physical possession, did however have knowledge of such substance and did have dominion and conscious control of such substance. This was an adequate representation of the law. Issue 2: Weight of evidence Taylor argues that the verdict is against the overwhelming weight of the evidence, because of contradictions in testimony and confusion concerning the quantity of the substance found. There was testimony from a witness from the Mississippi Crime Lab that the substance inside the bags weighed 6.37 grams. In addition, the State put forward evidence from which the jury could find Taylor in constructive possession of drugs. |
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