Dowdle v. State
| Docket Number: | 2009-KA-01994-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 03-01-2011 Opinion Author: King, C.J. Holding: Affirmed. |
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| Additional Case Information: |
Topic: Possession of cocaine - Sufficiency of evidence - Constructive possession Judge(s) Concurring: Lee, P.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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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Elijah Bennett Dowdle |
ERIN ELIZABETH PRIDGEN |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: LADONNA C. HOLLAND | ||
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 cocaine - Sufficiency of evidence - Constructive possession |
| Summary of the Facts: | Elijah Dowdle was convicted of possession of less than one gram of cocaine. He was sentenced as a habitual offender and as a repeat drug offender to eight years. He appeals. |
| Summary of Opinion Analysis: | Dowdle argues that the evidence did not support a finding that he knowingly or intentionally possessed the cocaine. Dowdle maintains that the car was unlocked and sitting in an open field where anyone could have access to the car, suggesting that someone else put the cocaine in the car. Constructive possession may be established where the evidence, considered under the totality of the circumstances, shows that the defendant conscientiously exercised control over the contraband. In this case, the evidence established that the cocaine was underneath a hat on the passenger’s seat of the car that Dowdle was driving. The man who sold the car to Dowdle testified that he had cleaned out the car before selling it to Dowdle and that there should not have been anything left in the car. Viewing the evidence in the light most favorable to the State, there is sufficient evidence to convict Dowdle of having constructive possession of the cocaine. |
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