Stewart v. State
| Docket Number: | 2004-KA-01838-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 02-21-2006 Opinion Author: Barnes, J. Holding: AFFIRMED |
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| Additional Case Information: |
Topic: Possession of cocaine - Sufficiency of evidence Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Southwick, Irving, Chandler, Griffis, Ishee and Roberts, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 06-25-2004 Appealed from: Lincoln County Circuit Court Judge: Mike Smith Disposition: CONVICTED OF POSSESSION OF AT LEAST 0.1 GRAM BUT LESS THAN 2 GRAMS OF COCAINE AND SENTENCED TO SERVE A TERM OF EIGHT YEARS IN THE CUSTODY OF MDOC District Attorney: Dee Bates Case Number: 02-328-MS |
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| Party Name: | Attorney Name: | |||
| Appellant: | Tommy Stewart |
DAVID H. STRONG |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL |
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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 cocaine - Sufficiency of evidence |
| Summary of the Facts: | Tommy Stewart was found guilty of possession of at least one tenth of a gram but less than two grams of cocaine. He appeals. |
| Summary of Opinion Analysis: | Stewart argues that the verdict of the jury is contrary to the overwhelming weight of the evidence, and that the evidence is insufficient to prove beyond a reasonable doubt that he was in constructive possession of the cocaine. Constructive possession may be shown by establishing that the drug involved was subject to the defendant’s dominion or control. 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. There is clearly sufficient evidence to support a jury verdict that Stewart was in constructive possession of cocaine. Testimony elicited at trial did indicate that Stewart was driving a motor vehicle which was owned by someone else at the time of his arrest. However, the evidence also established that Stewart was the sole occupant of the vehicle at the time of the arrest, and that the cocaine was found in plain view in the pocket of the driver’s side door. An officer testified that Stewart admitted to him that he was the owner of the cocaine. The credibility of the officer’s testimony was properly presented to the jury for consideration. |
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