Clarence DeJuan Anderson v. State of Mississippi, 195 So. 3d 835

On March 9, 2012, officers executed a search warrant at 828 26th ½ Street, Gulfport, and found Clarence Anderson in a house with 6.1 grams of cocaine (cocaine base), three firearms, and a large amount of cash.
Anderson was Mirandized; he told agents he had received and sold most of a quarter-kilogram earlier that day, had $9,500 out for an 11-ounce cocaine purchase from a source (“Tutu”), and showed agents local drug locations.
Anderson was indicted on (1) possession of a controlled substance with intent to distribute (with enhancement and habitual-offender allegations) and (2) unlawful possession of a firearm as a convicted felon (with habitual-offender allegation).
At trial Anderson denied residence at the search location and initially denied knowledge of drugs or guns, but later admitted being a “middleman,” giving $9,500 to Tutu, and expecting incoming cocaine.
Jury convicted on both counts; court sentenced him as a habitual offender to 35 years (count I) and 10 years (count II), concurrent, no parole. Anderson appealed contesting firearm evidence admission, trial counsel’s effectiveness, and denial of a lesser-included simple-possession instruction.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Admission of two firearms not named in indictment	Admission was irrelevant and highly prejudicial; not charged so prejudiced jury	Firearms were discovered contemporaneously and were relevant to intent to distribute	Court upheld admission: firearms relevant to intent and constituted part of single transaction; no Rule 404(b) violation
Ineffective assistance — failure to stipulate prior felony	Counsel should have stipulated to prior felony to avoid prejudicial proof	Stipulation would be futile because prior conviction was also used to prove intent for drug charge	Counsel not ineffective: failing to stipulate was reasonable and caused no prejudice
Ineffective assistance — failure to object to admission of prior drug conviction	Counsel should have objected under Rule 404(b) to prior drug conviction	Prior drug conviction was admissible to show intent to distribute under Rule 404(b)/403 and was accompanied by limiting instruction	Counsel not ineffective: admission proper after balancing and instruction; no deficient performance
Denial of lesser-included instruction (simple possession)	Evidence supported at least simple possession; jury could find no intent to distribute	Evidence (quantity, cash, firearms, defendant’s admissions that he was middleman awaiting delivery and selling) only supported intent to distribute	Court affirmed refusal: no rational jury could find only simple possession given the evidence

Fisher v. State, 690 So. 2d 268 (Miss. 1996) (trial judge has broad discretion on relevance and admissibility)
Jones v. State, 724 So. 2d 1066 (Miss. Ct. App. 1998) (weapons and other factors support inference of intent to distribute)
Martin v. State, 413 So. 2d 730 (Miss. 1982) (traffickers often possess firearms for protection)
Jenkins v. State, 757 So. 2d 1005 (Miss. Ct. App. 1999) (weapons and large cash are consistent with distribution)
Brown v. State, 890 So. 2d 901 (Miss. 2004) (other-crimes evidence admissible when part of single transaction or closely related occurrences)
Holland v. State, 656 So. 2d 1192 (Miss. 1995) (prior drug-trade involvement may be admissible to prove intent)
Swington v. State, 742 So. 2d 1106 (Miss. 1999) (Rule 404(b) prior-act evidence admissible for intent if Rule 403 balanced and limiting instruction given)
Perry v. State, 637 So. 2d 871 (Miss. 1994) (lesser-included instruction warranted where quantity and testimony support personal use)
Booze v. State, 964 So. 2d 1218 (Miss. Ct. App. 2007) (refuse lesser-included instruction when evidence only justifies principal offense)
Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (two-prong test for ineffective assistance: deficient performance and prejudice)