94 So. 3d 1178
Miss. Ct. App.2011Background
- Foxworth was arrested on May 28, 2006 for possession of a controlled substance and other charges.
- A June 2010 jury trial in Harrison County Circuit Court convicted him of possession of a controlled substance and sentenced him to life as a habitual offender with no parole or probation.
- A search incident to Foxworth’s arrest led Officer Keckler to retrieve a bag of cocaine from inside Foxworth’s clothing.
- Foxworth appealed, challenging the suppression ruling, the indictment amendment for habitual-offender status, peremptory challenges, a motion for new trial/JNOV, and the life-sentence under the habitual-offender statute.
- The circuit court denied relief on all issues, and the Mississippi Court of Appeals affirmed the conviction and sentence.
- Key legal issues concern the propriety of the search, habitual-offender caption, peremptory challenges, sufficiency of knowledge for possession, and the governing sentencing statute.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Search incident to arrest scope | Foxworth argues the search exceeded permissible scope and included a strip-search-like intrusion. | State contends the search was within lawful limits and did not involve a strip search. | Search proper; no strip search occurred. |
| Habitual-offender indictment amendment | Challenge that prior convictions’ dates were misaligned with the instant offense. | Prior qualifying felonies precede the current conviction, satisfying statute. | Amendment proper; prior convictions before the instant offense suffice. |
| Peremptory challenges in noncapital case | Deserves twelve peremptory challenges due to possible life sentence as habitual offender. | Noncapital offense (possession) does not entitle to twelve challenges; six suffice. | Six peremptory challenges approved; habitual-offender status does not grant extra challenges. |
| JNOV/new trial and knowledge element | State failed to prove Foxworth knowingly possessed cocaine. | Evidence supports knowledge from possession inside undergarments. | Sufficient evidence of knowledge; denial of new trial/JNOV affirmed. |
| Sentence under 41-29-150(g) | Life-imprisonment-without-parole as habitual offender violates statutory rehabilitation aim. | Discretionary sentencing within statutory limits; habitual-offender statute applies. | Sentence affirmed; within statutory framework and legislative intent. |
Key Cases Cited
- United States v. Robinson, 414 U.S. 218 (U.S. 1973) (search incident to custodial arrest permissible for evidence and weapons)
- Ellis v. State, 573 So.2d 724 (Miss. 1990) (search incident to arrest may reach evidence easily destroyed)
- Yates v. State, 396 So.2d 629 (Miss. 1981) (life imprisonment as habitual offender does not entitle extra peremptory challenges)
- Osborne v. State, 404 So.2d 545 (Miss. 1981) (habitual-offender life sentence does not convert principal offense into capital for extra challenges)
- Jones v. State, 902 So.2d 593 (Miss. Ct. App. 2004) (noncapital offense with habitual offender status does not trigger capital-case rules)
- Flores-Figueroa v. United States, 556 U.S. 646 (U.S. 2009) ( Flores-Figueroa clarifies application of 'knowingly' in some contexts)
- Nance v. State, 948 So.2d 459 (Miss. Ct. App. 2007) (knowledge element proven by possession evidence in routine booking scenario)
- Burnett v. State, 876 So.2d 409 (Miss. Ct. App. 2003) (knowledge element supported by possession as shown by officer testimony)