Glidden v. State
| Docket Number: | 2009-KA-01061-COA Linked Case(s): 2009-CT-01061-SCT ; 2009-CT-01061-SCT ; 2009-CT-01061-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 09-21-2010 Opinion Author: Lee, P.J. Holding: Affirmed. |
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| Additional Case Information: |
Topic: Possession of controlled substance - Sufficiency of evidence - Circumstantial evidence instruction - Exclusion of evidence Judge(s) Concurring: King, C.J., Myers, P.J., Irving, Griffis, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 12-18-2008 Appealed from: Harrison County Circuit Court Judge: Roger T. Clark Disposition: CONVICTED OF POSSESSION OF A CONTROLLED SUBSTANCE AND SENTENCED TO FOUR YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS AS A HABITUAL OFFENDER WITHOUT ELIGIBILITY FOR PAROLE OR PROBATION District Attorney: Cono A. Caranna, II Case Number: B-2401-2007-00528 |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Gary Allen Glidden |
LESLIE S. LEE |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: DEIRDRE MCCRORY | ||
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 controlled substance - Sufficiency of evidence - Circumstantial evidence instruction - Exclusion of evidence |
| Summary of the Facts: | Gary Glidden was convicted of possession of a controlled substance and was sentenced as a habitual offender to four years. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Sufficiency of evidence Glidden argues that the evidence was legally insufficient to support the verdict. The State was operating under the theory that Glidden had constructive possession of the marijuana. For that, there must be sufficient facts to warrant a finding that the defendant was aware of the presence and character of the particular substance and was intentionally and consciously in possession of it. The evidence did show that Glidden was not the owner of the truck. However, Glidden had been driving the truck for approximately thirty minutes with a large bag of marijuana directly under his feet. From the evidence presented, reasonable jurors could have concluded that Glidden was guilty of possession of a controlled substance. Issue 2: Circumstantial evidence instruction Glidden argues that the trial court erred in refusing to grant two circumstantial-evidence jury instructions. The existence of any direct evidence eliminates the need for a circumstantial evidence instruction. The evidence of the two police officers that they observed the bag of marijuana on the driver’s side floorboard of the truck, which was driven and solely occupied by Glidden at the time of the traffic stop, constituted direct evidence. Issue 3: Exclusion of evidence Glidden argues that the trial court erred in excluding evidence of a pending drug indictment against the owner of the truck in question. The trial court agreed that Glidden’s counsel could cross-examine the police officers as to whether they knew the owner had prior drug convictions, but it would not allow Glidden to introduce the pending indictments into evidence. During cross-examination, both officers denied having heard of the owner. Glidden called Paula Olson to the stand to testify regarding Buckner’s prior convictions. Olson was employed by the Harrison County Circuit Court to maintain public court records. After Olson’s testimony, Glidden attempted to have the two pending indictments introduced into evidence, claiming that the State had opened the door to admission on cross-examination. Finding that Olson had not been asked whether there were more recent charges and that the pending indictments were not convictions, the trial court refused Glidden’s request. The court did not abuse its discretion in so ruling. |
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