Gross v. State
| Docket Number: | 2005-KA-01142-COA Linked Case(s): 2005-KA-01142-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 09-05-2006 Opinion Author: Irving, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Possession of illegal substances - Sufficiency of evidence - Jury instruction Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Southwick, Chandler, Griffis, Barnes, Ishee and Roberts, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 04-22-2005 Appealed from: Montgomery County Circuit Court Judge: Clarence E. Morgan, III Disposition: CONVICTED OF POSSESSION OF LESS THAN ONE KILOGRAM BUT MORE THAN ONE OUNCE OF MARIHUANA WITH INTENT TO DISTRIBUTE, ENHANCED BY POSSESSION OF A FIREARM, IN COUNT I AND SENTENCED TO TWENTY YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS. CONVICTED OF POSSESSION OF COCAINE WITH INTENT TO DISTRIBUTE, ENHANCED BY POSSESSION OF A FIREARM, IN COUNT II AND SENTENCED TO TWENTY YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS, SAID SENTENCE TO RUN CONSECUTIVELY TO THE SENTENCE IN COUNT I. CONVICTED OF MANUFACTURE OF MORE THAN ONE OUNCE OF MARIHUANA BUT LESS THAN ONE KILOGRAM, ENHANCED BY POSSESSION OF A FIREARM, IN COUNT III AND SENTENCED TO SERVE THREE YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS, SAID SENTENCE TO RUN CONCURRENTLY TO THE SENTENCES IN COUNTS I AND II. CONVICTED OF POSSESSION OF METHYLENEDIOXYMETHAMPHETAMINE, ENHANCED BY POSSESSION OF A FIREARM, IN COUNT IV AND SENTENCED TO EIGHT YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS, SAID SENTENCE TO RUN CONCURRENT TO THE SENTENCES IN COUNTS I AND II. CONVICTED OF POSSESSION OF HEROIN, ENHANCED BY POSSESSION OF A FIREARM, IN COUNT V AND SENTENCED TO EIGHT YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS, SAID SENTENCE TO RUN CONCURRENT TO THE SENTENCES IN COUNTS I AND II. District Attorney: DOUG EVANS Case Number: 2004-0104CR |
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| Party Name: | Attorney Name: | |||
| Appellant: | Consimeon Gross |
ROBERT T. LASTER, PHILLIP BROADHEAD |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: JEFFREY A. KLINGFUSS |
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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 illegal substances - Sufficiency of evidence - Jury instruction |
| Summary of the Facts: | Consimeon Gross was convicted of five different counts arising from the possession and manufacture of various illegal substances. Gross was sentenced to a total of forty years. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Sufficiency of evidence Gross argues that the evidence is insufficient, because the State failed to prove that he had constructive possession of the contraband seized from the residence. Constructive possession may be shown by establishing that the drug involved was subject to his the defendant’s dominion or control. Where an individual is not in exclusive possession of a premises, additional incriminating facts must connect the accused with the contraband. Gross presented evidence regarding three different individuals who might have also had possession of the contraband: his wife and two other occupants of the house. However, there was conflicting testimony about whether there were additional occupants of the house at the time of the search warrant. When conflicting testimony is presented, the jury is the judge of the credibility of the witnesses. As to the presence of Gross’s wife, Gross stated in the police car as his wife arrived that “she don’t know nothing.” This is additional incriminating evidence indicating that Gross had knowledge of the contraband while his wife did not. Issue 2: Jury instruction Gross argues that the court erred in denying his proposed instruction on construction possession. The proposed instruction is an incomplete statement of the law on constructive possession. A court is not obligated to give an incomplete, and therefore incorrect, statement of the law as an instruction. |
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