Alexander v. State

736 So. 2d 1058, 1999 WL 87109
CourtCourt of Appeals of Mississippi
DecidedFebruary 23, 1999
Docket97-KA-01377 COA
StatusPublished
Cited by23 cases

This text of 736 So. 2d 1058 (Alexander v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Mississippi primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Alexander v. State, 736 So. 2d 1058, 1999 WL 87109 (Mich. Ct. App. 1999).

Opinion

736 So.2d 1058 (1999)

Tracy ALEXANDER, Appellant,
v.
STATE of Mississippi, Appellee.

No. 97-KA-01377 COA.

Court of Appeals of Mississippi.

February 23, 1999.

*1060 Samuel H. Wilkins, Jackson, Attorney for Appellant.

Office of the Attorney General by Jolene M. Lowry, Attorney for Appellee.

BEFORE THOMAS, P.J., COLEMAN, AND DIAZ, JJ.

DIAZ, J., for the Court:

¶ 1. Tracy Alexander appeals the decision of the Rankin County Circuit Court convicting him of felony possession of marijuana. Alexander raises the following issues in his appeal: (1) whether the evidence presented at trial was sufficient to establish the crime of felony possession of marijuana under Miss.Code Ann. § 41-29-139 (Rev.1993) and whether the jury's verdict was against the overwhelming weight of the evidence, (2) whether his rights were violated under Miranda during questioning and therefore made his statement involuntary, (3) whether the circuit court erred in admitting the handgun into evidence and testimony regarding the same,(4) whether the circuit court erred in permitting the prosecution to make a "send a message" statement during closing arguments, and (5) whether the cumulative errors at the trial court level warrant a new trial. Finding no error, we affirm the ruling of the circuit court.

FACTS

¶ 2. Tracy Alexander, the defendant, was convicted of possession of more than one ounce but less than one kilogram of marijuana with intent to sell under Miss.Code Ann. § 41-29-139. Alexander was observed by a Flowood Police Department officer meeting vehicles near the property where he lived. At trial, the same officer testified that he saw Alexander hand "some type of object" into one of the vehicles. On the basis of this and information received from a confidential informant, a search warrant was obtained to search the two trailers located on the property in question. Officers then executed the search warrant and found marijuana concealed inside a cabinet above the kitchen stove.

¶ 3. Alexander was arrested and read his Miranda warnings. Although he was given a written Miranda warning during the booking procedure, he made incriminating statements about his involvement in the crime. During his trial, Alexander denied any knowledge of the presence of marijuana in the mobile home. Both the State and Alexander presented testimony that other individuals had access to the mobile home where the marijuana was found. Although defense counsel objected, the State introduced testimony of an officer regarding a loaded handgun that was registered to Alexander and recovered from underneath *1061 a pillow in a bedroom of the trailer. Later, the trial judge allowed the pistol to be introduced into evidence to show Alexander's dominion and control over the mobile home where the marijuana was found.

¶ 4. During closing arguments, the prosecutor told the jury to "send a message" that drug dealing would not be tolerated in the community. After objection to the first remark, the trial judge directed the jury to disregard the remark.

¶ 5. Thereafter, Alexander was convicted for possession of more than one ounce but less than one kilogram of marijuana with intent to sell in the Rankin County Circuit Court. He was sentenced to serve a term of eight years in the custody of the Mississippi Department of Corrections. Feeling aggrieved, he now perfects this appeal.

DISCUSSION

I. WHETHER THE EVIDENCE PRESENTED AT TRIAL WAS SUFFICIENT TO ESTABLISH THE CRIME OF FELONY POSSESSION OF MARIJUANA UNDER § 41-29-139 AND WHETHER THE JURY'S VERDICT WAS AGAINST THE OVERWHELMING WEIGHT OF THE EVIDENCE

A. Sufficiency of the Evidence

¶ 6. A challenge to the sufficiency of the evidence requires an analysis of the evidence by the trial judge to determine whether a hypothetical juror could find, beyond a reasonable doubt, that the defendant is guilty. May v. State, 460 So.2d 778, 781 (Miss.1984). If the judge determines that no reasonable juror could find the defendant guilty, then he must grant the motion for a directed verdict and JNOV. Id. If he concludes that a reasonable juror could find the defendant guilty beyond a reasonable doubt, then he must deny the motion. Id. This Court's scope of review is limited to the same examination as that of the trial court in reviewing the motions for directed verdict and JNOV; that is, if the facts point in favor of the defendant to the extent that reasonable jurors could not have found the defendant guilty beyond a reasonable doubt, viewing all facts in the light most favorable to the State, then it must sustain the assignment of error. Blanks v. State, 542 So.2d 222, 225-26 (Miss.1989). Of course, the opposite is also true. We may reverse the trial court's ruling only where one or more of the elements of the offense charged is lacking to such a degree that reasonable jurors could only have found the defendant not guilty. McClain v. State, 625 So.2d 774, 778 (Miss.1993).

¶ 7. Here, legally sufficient evidence existed to find Alexander guilty beyond a reasonable doubt. The State made out is prima facie case by putting into evidence the seized marijuana and scales, $400 cash, the handgun under his pillow, four pagers, and his driver's license. All of this evidence indicated that he lived at the mobile home and exercised dominion and control over his residence. Furthermore, several police officers testified who observed the crime scene and questioned Alexander. Finally, the State submitted as evidence Alexander's incriminating statements. Since the State put forth sufficient, credible evidence, the trial judge was required to leave the final decision of guilt or innocence to the jury. We affirm the trial judge's ruling with regard to the motion for a directed verdict.

B. Weight of the Evidence

¶ 8. The next motion we will review is that for a new trial. This goes to the weight of the evidence and not its sufficiency. In reviewing this claim, this Court must examine the trial judge's denial of Alexander's motion for a new trial. Jones v. State, 635 So.2d 884, 887 (Miss. 1994). The decision of whether or not to grant a motion for a new trial rests in the sound discretion of the trial judge and should only be granted when the judge is certain that the verdict is so contrary to the overwhelming weight of the evidence *1062 that failure to grant the motion would result in an unconscionable injustice. May, 460 So.2d at 781. In making the determination of whether a verdict is against the overwhelming weight of the evidence, this Court must view all evidence in the light most consistent with the jury verdict, and we should not overturn the verdict unless we find that the lower court abused its discretion when it denied the motion. Veal v. State, 585 So.2d 693, 695 (Miss.1991). The proper function of the jury is to decide the outcome in this type of case, and the court should not substitute its own view of the evidence for that of the jury's. Id. Likewise, the reviewing court may not reverse unless it finds there was an abuse of discretion by the lower court in denying the defendant's motion for a new trial. Id. Upon reviewing all of the evidence presented in the light most consistent with the verdict, we find that the trial judge did not abuse his discretion in denying Alexander's motion for a new trial.

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Cite This Page — Counsel Stack

Bluebook (online)
736 So. 2d 1058, 1999 WL 87109, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alexander-v-state-missctapp-1999.