Parks v. State
| Docket Number: | 2002-KA-00882-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 09-02-2003 Opinion Author: Irving, J. |
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| Additional Case Information: |
Topic: Possession of marijuana - Sufficiency of evidence - Juror disqualification - Evidence of paraphernalia Judge(s) Concurring: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Lee, Myers, Chandler and Griffis, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 04-17-2002 Appealed from: Oktibbeha County Circuit Court Judge: John M. Montgomery Disposition: CONVICTION OF POSSESSION OF GREATER THAN 30 GRAMS BUT LESS THAN 250 GRAMS OF MARIJUANA - SENTENCED TO SERVE A TERM OF THREE YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS District Attorney: Forrest Allgood Case Number: 2001-0258-CR |
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| Party Name: | Attorney Name: | |||
| Appellant: | Freddie Lee Parks |
RICHARD BURDINE |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: BILLY L. GORE |
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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 marijuana - Sufficiency of evidence - Juror disqualification - Evidence of paraphernalia |
| Summary of the Facts: | Freddie Parks was convicted of possession of more than thirty grams but less than 250 grams of marijuana and was sentenced to three years. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Sufficiency of evidence Parks argues that the evidence was insufficient, because while 171.3 grams of marijuana were seized from the mobile home, only 2.7 grams were found on his person. The rest was found in the master bedroom of the mobile home owned solely by his wife. Possession of a controlled substance must be knowing and intentional. When a defendant is not in exclusive control of the premises, proximity to a controlled substance is suggestive of constructive possession. Parks's admission to having purchased four ounces of marijuana is direct evidence which would support the guilty verdict. In addition, the fact that he was first seen in the bedroom where the marijuana was recovered and that he had 2.7 grams of it on his person support a finding of constructive possession. Issue 2: Disqualification of juror Parks argues that the court improperly disqualified a juror for cause. Not only did he fail to include a transcript of the voir dire of the veniremen, but he did not object to the makeup of the jury. Therefore, the issue is waived. In addition, the decision to excuse a juror whose daughter is the granddaughter of a defendant is not an abuse of discretion. Issue 3: Paraphernalia Parks argues that the court erred in overruling his objection to evidence of the paraphernalia. The fact of Parks's proximity to the paraphernalia that could be used in the purchase and consumption of marijuana was relevant in showing constructive possession. |
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