Johnson v. State
| Docket Number: | 2009-KA-00499-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 08-10-2010 Opinion Author: Griffis, J. Holding: Affirmed. |
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| Additional Case Information: |
Topic: Possession of firearm by convicted felon - Sufficiency of evidence - Constructive possession - Motion to suppress Judge(s) Concurring: Myers, P.J., Barnes, Roberts and Maxwell, JJ. Non Participating Judge(s): Carlton, J. Dissenting Author : Lee, P.J., dissents with separate written opinion Dissent Joined By : King, C.J., Irving and Ishee, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 03-19-2009 Appealed from: NESHOBA COUNTY CIRCUIT COURT Judge: Marcus D. Gordon Disposition: CONVICTED OF POSSESSION OF A FIREARM BY A CONVICTED FELON AND SENTENCED TO TEN YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS District Attorney: Mark Sheldon Duncan Case Number: 08-CR-0096-NS-G |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Roy Lee Johnson |
EDMUND J. PHILLIPS JR. |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: BILLY L. GORE | ||
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 firearm by convicted felon - Sufficiency of evidence - Constructive possession - Motion to suppress |
| Summary of the Facts: | Roy Johnson was convicted of the crime of possession of a firearm by a convicted felon and was sentenced to ten years. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Sufficiency of evidence Johnson argues that the State failed to prove that he was in exclusive possession of the rifle. Upon entering the mobile home, law enforcement officers found Johnson and the rifle. They did not testify that the rifle was in his actual possession. Instead, they testified that Johnson was reclining on the couch, approximately eight feet from the rifle. There was no testimony that Johnson attempted to reach for the rifle. There was no testimony regarding who actually owned either the mobile home or the rifle. Thus, the conviction depends on whether there was sufficient evidence to find that Johnson was in constructive possession of the rifle. Constructive possession is established by evidence showing that the rifle was under the dominion and control of the defendant. There was evidence that Johnson resided in the mobile home; Johnson admitted that he owned ten pairs of shoes, which were in one of the bedrooms. The rifle was “eight feet” away from Johnson. No one else was in the room. The proximity of the rifle to Johnson was evidence that Johnson had dominion and control over it. There was sufficient incriminating evidence for a reasonable juror to find beyond a reasonable doubt that Johnson was in constructive possession of the rifle. Issue 2: Motion to suppress Johnson argues that the results of the search warrant should have been suppressed because the affidavit contained the word “creditable” instead of “credible.” There is no merit to this argument. The sheriff concluded that his informant was not just “creditable,” but he or she was “credible,” “reliable,” and “trustworthy.” |
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