Edwards v. State

• Decision Date: 18 March 1993
• Docket Number: No. 90-KA-1122,90-KA-1122
• Citation: 615 So.2d 590
• Parties: Larry D. EDWARDS v. STATE of Mississippi.
• Court: Mississippi Supreme Court

Page 590

615 So.2d 590

Larry D. EDWARDS v. STATE of Mississippi.

No. 90-KA-1122.

Supreme Court of Mississippi.

March 18, 1993.

Rabun Jones, Gaines S. Dyer, Dyer Dyer Dyer & Jones, Greenville, for appellant.

Michael C. Moore, Atty. Gen., Deirdre McCrory, Sp. Asst. Atty. Gen., Jackson, for appellee.

Before PRATHER, P.J., and PITTMAN and SMITH, JJ.

SMITH, Justice, for the court:

Larry D. Edwards was indicted, tried and convicted in the Circuit Court of Sharkey County, for the crime of possession of cocaine with intent to distribute, and received a sentence of twenty-five years in the custody of the Mississippi Department of Corrections.

Edwards' counsel filed a motion for a J.N.O.V. or, in the alternative, a new trial and that motion was denied by the trial court on October 10, 1990. Aggrieved, Edwards appeals, assigning errors by the trial court as follows:

I. IN VIEW OF THE FACT THAT, OUTSIDE OF THE STATEMENT OF THE DEFENDANT THAT HE HAD BEEN SELLING DRUGS, THERE WAS NO PROOF BY A PREPONDERANCE OF THE EVIDENCE OF ANY INTENT TO SELL DRUGS, THE STATE FAILED TO PROVE ALIUNDE THE DEFENDANT'S ADMISSION, THE CORPUS DELICTI: CONSEQUENTLY, THE COURT ERRED IN FAILING TO GRANT DEFENDANT'S REQUEST FOR A PEREMPTORY INSTRUCTION OR A NEW TRIAL DUE TO INSUFFICIENT EVIDENCE.

II. THE DEFENDANT WAS DENIED HIS RIGHT TO EFFECTIVE ASSISTANCE OF COUNSEL UNDER THE SIXTH AND FOURTEENTH AMENDMENTS TO THE UNITED STATES CONSTITUTION, AS WELL AS UNDER ARTICLE III, SECTIONS FOURTEEN AND TWENTY-SIX OF THE MISSISSIPPI CONSTITUTION OF 1890.

III. THE COURT BELOW VIOLATED LARRY EDWARDS' RIGHTS UNDER THE EIGHTH AND FOURTEENTH AMENDMENTS TO THE UNITED STATES CONSTITUTION, AS WELL AS ARTICLE III, SECTION TWENTY-EIGHT OF THE MISSISSIPPI CONSTITUTION OF 1890 WHEN IT SENTENCED

HIM WITHOUT THE BENEFIT OF A PRESENTENCE REPORT OR ANY INDIVIDUAL CONSIDERATION OF MITIGATING OR OTHER CIRCUMSTANCES, TO TWENTY-FIVE YEARS WITH THE MISSISSIPPI DEPARTMENT OF CORRECTIONS.

IV. IN SENTENCING LARRY EDWARDS TO TWENTY-FIVE YEARS BEFORE AFFORDING HIM HIS RIGHT TO POLL THE JURY, THE COURT COMMITTED REVERSIBLE ERROR.

We have examined Edwards' assignments of error as to both the conviction and sentence and finding them to be without merit, we affirm.

FACTS

On October 28, 1989, at approximately 8:30 p.m., after receiving an informant's tip, Johnny Spand, Sharkey County Deputy Sheriff, Lindsey Adams, Chief of Police of Rolling Fork, and Deputy Sheriff Bill Cooper drove to the Afro Inn, a night spot in Rolling Fork. When they arrived at the scene, darkness had descended; however, with the aid of several street lights in the vicinity, both officers observed a group of individuals standing both on and next to the railroad tracks behind the Afro Inn. Larry Edwards was recognized among the group by Deputy Spand, as he had known Edwards and his family for a number of years. The three officers split up and approached the Afro Inn from separate directions.

Deputy Spand, who was in uniform, announced his presence, identified himself, and approached Edwards instructing him to "Hold it!" Edwards began walking backwards with uplifted hands telling Spand to "Get back." Edwards tried to run, reached into his pocket with his right hand, removed a plastic resealable bag, and threw the bag and its contents over his shoulder. Spand actually observed Edwards reach into his pocket and throw the bag just as he grabbed Edwards' arm. The other individuals at the scene began backing away, and some took off running.

Deputy Spand wrestled Edwards to the ground and restrained him with handcuffs. Edwards immediately stated to Spand: "Okay, Johnny, you got me now. You told me about coming over here selling this stuff." This admission by Edwards was overheard by Deputy Cooper. On cross-examination, Spand was asked, "Do you know why the others took off running when you came up?" Spand replied, "No, sir, I seen them moving away." Spand was also asked "Could it be because you scared them off?" He replied, "Or Larry scared them off because they probably knew he had drugs in his pocket."

The bag tossed by Edwards near the railroad tracks was found by Deputy Spand as the officers searched with the aid of flashlights. The officers testified that the bag, with its contents intact, was found within several minutes of searching and was located approximately five feet away from the place Edwards and Spand had scuffled briefly on the ground. Lab test results showed the bag contained forty-seven individual pieces of crack cocaine, weighing 5.7 grams.

Deputy Bill Cooper, after arrival upon the scene, approached Deputy Spand who had subdued Edwards, and overheard Edwards tell Spand: "Johnny, you got me now. You told me not to bring this stuff back to Sharkey." Cooper told Edwards he did not have to say anything at this time, and Spand read Edwards his constitutional rights.

Lindsey Adams testified that he saw some of the other men at the scene. He stated, "[w]ell, they ran down towards where I was. I halted two more guys, they started off, and I halted them, while I was frisking them, Johnny said, I got the guy here, Lindsey."

Edwards' defense consisted of his testimony and that of three other witnesses on his behalf: William Stewart, Darrell Thomas, and Alex Johnson.

Edwards testified and asserted a general denial in defense of the charge. He denied that he ever possessed the bag containing crack cocaine. Edwards testified that Deputy Spand's testimony was based on a personal Stewart testified he was one of the bystanders. He claimed that Spand came at Edwards from behind grabbing both of Edwards' arms and wrestling him to the ground. Stewart didn't hear Edwards say anything other than, "Why y'all harassing me?" Stewart further testified that it took the officers 20 to 25 minutes to locate the bag of cocaine; that he never saw Edwards in possession of any drugs; and that Edwards "had his hands in his pockets."

                vendetta against him.  Edwards testified, "Spand has stopped me two or three times, not to mention how many times he's trailed me."    When asked whose cocaine was it, Edwards replied, "I haven't any idea.  All I know it could have been Deputy Spand's."
                

Darrell Thomas testified similarly to Stewart, except he stated that Edwards' clothing consisted of a ragged pair of shorts with no pockets.

Alex Johnson testified he had seen Deputy Spand lose a lot of money gambling at the Edwards' cafe. Johnson corroborated the testimony of Edwards that Spand had banished Edwards from the county.

On rebuttal, Deputy Spand testified that he had never lost any money to either Alex Johnson or to Edwards. He also denied having any personal vendetta against Edwards or his family. Spand admitted that on one occasion he had stopped an automobile occupied by Edwards and several others and had searched the auto after observing the vehicle weaving from side to side on the road and viewing open containers of liquor inside the vehicle. He testified that he informed Edwards and the other occupants that he knew they were either using drugs or selling drugs, and that they had better be careful what they did in Sharkey County because they were going to get caught.

DISCUSSION

I.

Edwards contends the lower court erred in allowing the issue of intent to distribute to go to the jury, in that there was insufficient proof, outside his on-the-scene admission, of any intent to distribute in the case, and that the circumstances of his possession of cocaine indicated no more than simple possession. Edwards relies on the rule that the corpus delicti of a crime must be established by independent evidence prior to receiving a defendant's confession into evidence. We must reject this argument, because "much slighter evidence" is required to establish the corpus delicti where, as here, there has been a confession or admission. May v. State, 524 So.2d 957, 966 (Miss.1988), quoting with approval Buford v. State, 219 Miss. 683, 690, 69 So.2d 826, 830 (1954) In the case at bar, the "slighter evidence" is the 47 individual pieces of crack cocaine--from which a reasonable juror could infer an intent to distribute.

In judging the sufficiency of the evidence on a motion for a directed verdict or request for peremptory instruction, the trial judge is required to accept as true all of the evidence that is favorable to the State, including all reasonable inferences that may be drawn therefrom, and to disregard evidence favorable to the defendant. Clemons v. State, 460 So.2d 835 (Miss.1984); Forbes v. State, 437 So.2d 59 (Miss.1983); Bullock v. State, 391 So.2d 601 (Miss.1980). If, under this standard, sufficient evidence to support the jury's verdict of guilty exists, the motion for a directed verdict and request for peremptory instruction should be overruled. Brown v. State, 556 So.2d 338 (Miss.1988).

It was not necessary for the State to prove, aliunde the defendant's admission, an intent to distribute beyond a reasonable doubt. "In this situation, the State only need show the corpus delicti, sans [admissions], by a preponderance of the evidence; the [admissions] themselves may be used to raise the proof beyond a reasonable doubt." Bullock v. State, 447 So.2d 1284, 1286 (Miss.1984).

In May v. State, 524 So.2d at 966, quoting with approval Buford v. State, 219 Miss. at 690, 69 So.2d at 830, we stated:

Where there has been a confession by the accused, much slighter evidence is required to establish the corpus delicti Quantity, standing alone, might be insufficient to demonstrate an intent to distribute beyond a reasonable doubt. We find in this instance, the quantity of contraband is sufficient to establish the corpus delicti, thus enabling the State to have the benefit of Edwards' admission in meeting its burden of proof. There exists a reasonable inference that the possession of 47 pieces of "crack cocaine" constitutes 47 individual doses. Together with the flight of the individuals surrounding him at the time of Deputy Spand's...