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290 So.3d 1286
Miss. Ct. App.
2020
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Background

  • 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)
Read the full case

Case Details

Case Name: Lonnie Lee McDaniel a/k/a Lonnie McDaniel v. State of Mississippi
Court Name: Court of Appeals of Mississippi
Date Published: Feb 25, 2020
Citations: 290 So.3d 1286; NO. 2018-KA-01363-COA
Docket Number: NO. 2018-KA-01363-COA
Court Abbreviation: Miss. Ct. App.
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    Lonnie Lee McDaniel a/k/a Lonnie McDaniel v. State of Mississippi, 290 So.3d 1286