Joseph Kenyatta Davis v. State of Mississippi, 199 So. 3d 701

On Nov. 8, 2012, Flowood police stopped a blue Chevrolet Tahoe after radioed information indicated mismatched registration and a felony warrant for the registered owner.
Three occupants: driver Dana Owens, front passenger Joseph K. Davis (appellant), and backseat passenger Jesse Terry.
Officers smelled burnt marijuana, found a burning blunt and a small bag of marijuana, and recovered three firearms from the front-seat area and center console; one gun was later identified as stolen.
Davis was recorded in a patrol car making statements indicating knowledge of the vehicle/guns (e.g., saying Owens would “hold up for a charge,” and that guns were not “hot”), and an analyst found Davis’s thumbprint on the Springfield .45 magazine.
The State introduced Davis’s prior felony conviction; the jury convicted Davis of being a felon in possession of a firearm.
The circuit court sentenced Davis to ten years, with two years suspended (eight to serve) and five years supervised probation; Davis appealed challenging the weight of the evidence and the legality of his sentence.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether verdict is against the overwhelming weight of the evidence	Davis: evidence does not support constructive possession; conviction is unjust	State: proximity of guns, Davis’s thumbprint on magazine, and recorded admissions show constructive possession	Affirmed — evidence viewed favorably to verdict; sufficient to support constructive possession
Whether sentence is illegal because a felon cannot be placed on probation	Davis: as a felon, court lacked authority to suspend sentence or place him on probation; probation causes sentence to exceed 10-year statutory max	State: statute amended before sentencing allowing suspension/probation; probation time not part of actual prison term	Affirmed — post‑amendment court could suspend and impose probation; probation not counted as part of prison term

Bush v. State, 895 So. 2d 836 (Miss. 2005) (standard for overturning verdict as against overwhelming weight of the evidence)
Jenkins v. State, 131 So. 3d 544 (Miss. 2013) (evidence viewed in light most favorable to verdict)
Body v. State, 147 So. 3d 890 (Miss. Ct. App. 2014) (elements of felon-in-possession; actual vs. constructive possession)
Roberson v. State, 595 So. 2d 1310 (Miss. 1992) (constructive possession defined as dominion and control)
Vickery v. State, 535 So. 2d 1371 (Miss. 1988) (constructive possession principles)
Glidden v. State, 74 So. 3d 342 (Miss. 2011) (awareness and intentional control required for constructive possession)
Waits v. State, 119 So. 3d 1024 (Miss. 2013) (deference to trial court’s denial of new trial on weight grounds)
Dawkins v. State, 75 So. 3d 582 (Miss. Ct. App. 2011) (probation not part of served sentence for post-release supervision limits)
Jones v. State, 805 So. 2d 610 (Miss. Ct. App. 2002) (probation time not counted toward imprisonment term)