Harris v. State
| Docket Number: | 2005-KA-02159-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 03-25-2008 Opinion Author: GRIFFIS, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Possession of marijuana with intent to sell - Sufficiency of evidence - Verdict Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., IRVING, CHANDLER, BARNES, ISHEE, ROBERTS AND CARLTON, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 03-09-2005 Appealed from: SUNFLOWER COUNTY CIRCUIT COURT Judge: Margaret Carey-McCray Disposition: POSSESSION OF MARIJUANNA WITH INTENT - SENTENCED TO SERVE A TERM OF THIRTY YEARS IN THE CUSTODY OF MISSISSIPPI DEPARTMENT OF CORRECTIONS AS A HABITUAL OFFENDER. District Attorney: Joyce Ivy Chiles Case Number: 2003-0217-K |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | RIXXIE HARRIS |
AELICIA L. THOMAS |
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| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: W. GLENN WATTS | ||
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 marijuana with intent to sell - Sufficiency of evidence - Verdict |
| Summary of the Facts: | Rixxie Harris was convicted of possession of marijuana with intent to sell. Harris appeals. |
| Summary of Opinion Analysis: | Issue 1: Sufficiency of evidence Harris argues that the State failed to provide sufficient evidence to prove the element of possession. Constructive possession may be shown by establishing that the drug involved was subject to his dominion or control. Proximity is usually an essential element, but by itself is not adequate in the absence of other incriminating circumstances. If the defendant is the driver but not the owner of the car that contains the drugs, the State must show additional incriminating facts to link the defendant to the contraband. Here, there was no evidence that Harris owned the car he was driving. The State put forward sufficient evidence that Harris possessed the marijuana found in the Crown Royal bag. The trooper who stopped the car testified that Harris confessed to possessing the marijuana. Also, a passenger in the car testified that Harris handed him the drugs. This testimony supports a finding of constructive possession. Issue 2: Verdict Harris argues that his conviction should be reversed because it was not written on a separate sheet of paper. The law does not require verdicts to be written upon a separate piece of paper. Furthermore, the jury was polled after they returned the verdict, and every juror said that the verdict was consistent with his or her vote. |
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