Walls v. State

672 So. 2d 1227, 1996 WL 167737
CourtMississippi Supreme Court
DecidedApril 11, 1996
Docket92-KA-00694-SCT
StatusPublished
Cited by29 cases

This text of 672 So. 2d 1227 (Walls v. State) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Walls v. State, 672 So. 2d 1227, 1996 WL 167737 (Mich. 1996).

Opinion

672 So.2d 1227 (1996)

Cary WALLS
v.
STATE of Mississippi.

No. 92-KA-00694-SCT.

Supreme Court of Mississippi.

April 11, 1996.

*1229 David L. Walker, Batesville, for Appellant.

Michael C. Moore, Attorney General; Jean Smith Vaughan, Sp. Ass't Attorney General, Jackson, MS, for Appellee.

En Banc.

PRATHER, Presiding Justice, for the Court:

I. INTRODUCTION

Cary Walls was convicted for selling crack cocaine and sentenced by the Panola County Circuit Court, Second Judicial District, to fifteen years in prison with seven years suspended, pending good behavior. He was fined $2,000 and ordered to pay $100 lab fee and $100 to the Victims' Compensation Fund. On appeal, Walls raises the following issues:

A. WHETHER THE TRIAL JUDGE ERRED BY REFUSING TO GIVE WALLS' PROPOSED ENTRAPMENT INSTRUCTION?

B. WHETHER THE TRIAL JUDGE ERRED BY ADMITTING EVIDENCE CONCERNING WALLS' PRIOR CRIMINAL ACTIVITY?

II. STATEMENT OF THE FACTS

This case arises from an undercover drug operation conducted by the Panola-Tate Narcotics Task Force, which focused on the Jones Cafe in Batesville, Mississippi. On the evening of January 28, 1992, Agent Carl Powell went to Jones Cafe with the task force's cooperating individual. The cooperating individual saw Walls' truck and told Agent Powell, "We can get something from this guy, he deals." Powell did not know Walls, but he had "prior information" that Walls had been dealing. The cooperating individual and Powell asked a man named "Bo Bo" if he had cocaine to sell; "Bo Bo" replied that he did not have any, but that Walls did.

Agent Powell went to Walls' truck and asked what they could get for $60. Agent Powell gave Walls the money and Walls gave Powell four rocks of cocaine. According to Powell, Walls was neither tricked nor forced to sell the cocaine. Agent Powell also testified that two men were in the truck with Walls.

Cary Walls testified that he and Walley Crump and James "Bo Bo" Williams were sitting in his truck drinking beer and smoking crack cocaine. According to Walls, Crump had brought cocaine to Walls' truck and placed it on the seat. Walls testified that, when Powell came to the truck and asked about buying cocaine, he told Powell that he did not have any. According to Walls, Crump then told him to pass the cocaine on the seat over to Powell.

Walls admitted selling the cocaine and stated that he was not forced or tricked into selling the cocaine that was in his truck. Later, however, Walls testified that he was tricked by Crump because Crump asked him to sell the drugs. He also testified that he was tricked by Agent Powell because he "sent this other guy up to me and ask me did I have it." In addition, Walls testified that, prior to this occasion, he had not sold cocaine, and that he would smoke any cocaine that he received.

It is undisputed that Walls did not approach Agent Powell or the cooperating individual. According to the Panola County Sheriff, who was working surveillance during the transaction, Walls "probably wouldn't" have sold the drugs if he had not been approached by Powell and the cooperating individual. The cooperating individual testified *1230 that Walls would not have sold them the drugs if they had not gone to his truck. Agent Powell was asked whether Walls would have sold him the crack or would have sought the sale, to which Powell replied, "None of them do." Powell also testified that he probably would not have approached Walls if "Bo Bo" had not said that Walls had cocaine to sell. Furthermore, Walls testified that he would not have sold the cocaine if Powell had not come up to the truck.

III. LEGAL ANALYSIS

A. WHETHER THE TRIAL JUDGE ERRED BY REFUSING TO GIVE WALLS' PROPOSED ENTRAPMENT INSTRUCTION?

Prior to trial, Walls gave notice of his intent to present an entrapment defense. After hearing all the evidence, the trial judge refused to give the jury Walls' proposed entrapment instruction and ruled that there was "no evidentiary basis to support the instruction." On appeal, Walls argues that he had made a prima facie case for a jury instruction on the entrapment defense.

Mississippi's law on entrapment is well-settled:

Entrapment has been defined as "the act of inducing or leading a person to commit a crime not originally contemplated by him, for the purpose of trapping him for the offense." The defense of entrapment is affirmative and must be proved by the defendant. If the defendant already possesses the criminal intent, and the request or inducement merely gave the defendant the opportunity to commit what he or she was already predisposed to do, entrapment is not a defense.
* * * * * *
Before a defendant can raise the defense of entrapment, he or she is required to show evidence of government inducement to commit the criminal act and a lack of predisposition to engage in the criminal act prior to contact with government agents.

Hopson v. State, 625 So.2d 395, 399-400 (Miss. 1993) (citations omitted)[1] Predisposition and state inducement are essentially questions of fact. An entrapment defense will generally present matters to be submitted to the jury on proper instructions. Moore v. State, 534 So.2d 557, 559 (Miss. 1988).

Once the defendant makes out a prima facie case that he was entrapped, three consequences follow: First, the burden of production and proof shifts to the prosecution. Second, predisposition becomes a fact of consequence and evidence thereof becomes relevant and, hence, always admissible. Third, the accused becomes entitled to have the defense of entrapment submitted to the jury on proper instructions.

Tanner v. State, 566 So.2d 1246, 1248 (Miss. 1990) (citations omitted).

The standard of review in these cases is as follows:

[W]hether an issue should be submitted to the jury is determined by whether there is evidence which, if believed by the jury, could result in resolution of the issue in favor of the party requesting the instruction. Conversely, only where the evidence is so one-sided that no reasonable juror could find for the requesting party on the issue at hand may the trial court deny an instruction on a material issue.
* * * * * *
[W]hether the entrapment defense should be submitted to the jury depends upon whether there is credible evidence in the record supporting such a defense.
* * * * * *
Our question then is whether there was sufficient evidence in the record that a rational jury might have found for [the appellant] on the entrapment issue.

Avery v. State, 548 So.2d 385, 387 (Miss. 1989) (quoting King v. State, 530 So.2d 1356, 1359-60 (Miss. 1988)).

*1231 This Court has held that an entrapment instruction is not necessary where a defendant was merely "asked to sell the substance and he was caught." Ervin v. State, 431 So.2d 130, 134 (Miss. 1983). In the case at hand, as in Ervin, the appellant "was asked to sell the substance and he was caught. No one coerced or otherwise forced him to ... deliver the substance to [the State agent]." Id. at 134. Therefore, this Court holds that the record failed to support a prima facie case of entrapment and that the trial court did not err in refusing to submit the issue to the jury. See Id.

B. WHETHER THE TRIAL JUDGE ERRED BY ADMITTING EVIDENCE CONCERNING WALLS' PRIOR CRIMINAL ACTIVITY?

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Bluebook (online)
672 So. 2d 1227, 1996 WL 167737, Counsel Stack Legal Research, https://law.counselstack.com/opinion/walls-v-state-miss-1996.