290 So.3d 1286
Miss. Ct. App.2020Background
- On April 16, 2017, Petal police attempted a traffic stop of a white vehicle driven by Lonnie Lee McDaniel, who fled at high speed and ran through a red light.
- During the pursuit Sergeant Gary Bounds observed McDaniel throw something that "looked like a clear plastic bottle" out the driver’s-side window near Lynn Ray Baptist Church.
- McDaniel abandoned the moving vehicle, fled on foot, and was not immediately captured. Officers searched the area Bounds identified and recovered a clear plastic bag containing crystalline methamphetamine.
- A phone found in the abandoned vehicle was logged into accounts identifying "LL McDaniel" and linked to Lonnie McDaniel. Lab testing showed the bag contained 1.785 grams of methamphetamine.
- A jury convicted McDaniel of felony fleeing and possession of a controlled substance; he was sentenced as a habitual offender to five years (fleeing) and three years (possession) to run consecutively.
- On appeal McDaniel challenged only the possession conviction as insufficient and against the overwhelming weight of the evidence; the court noted he did not challenge the fleeing conviction on appeal (procedurally barred).
Issues
| Issue | McDaniel's Argument | State's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for possession of a controlled substance | Evidence did not establish McDaniel knew of or possessed the methamphetamine | Eyewitness ID of driver, Bounds saw object thrown, bag found in proximate location, phone linked to McDaniel, lab confirmed methamphetamine | Affirmed — viewing evidence in State's favor a rational juror could find elements proven beyond reasonable doubt |
| Whether verdict was against the overwhelming weight of the evidence (new trial) | Verdict was contrary to the weight of the evidence; offered an alibi placing him elsewhere | Jury credibility findings supported by circumstantial and forensic evidence; trial court properly exercised discretion | Affirmed — trial court did not abuse discretion; verdict not so contrary to evidence as to sanction injustice |
| Procedural bar to challenging fleeing conviction on appeal | (sought to contest convictions generally) | McDaniel failed to raise the fleeing claim on appeal so it is procedurally barred | Court declined to review fleeing conviction; appellate review limited to possession issue |
Key Cases Cited
- Sacus v. State, 956 So. 2d 329 (Miss. Ct. App. 2007) (JNOV challenges sufficiency of evidence)
- Bush v. State, 895 So. 2d 836 (Miss. 2005) (standard for reviewing sufficiency of the evidence)
- Glidden v. State, 74 So. 3d 342 (Miss. 2011) (possession conviction requires awareness of presence and character of substance)
- Fontenot v. State, 110 So. 3d 800 (Miss. Ct. App. 2012) (constructive possession proven by drugs found in place defendant could exercise dominion or control)
- Martin v. State, 413 So. 2d 730 (Miss. 1982) (circumstantial evidence sufficient to prove constructive possession)
- Little v. State, 233 So. 3d 288 (Miss. 2017) (standard for new trial/weight-of-the-evidence review)
