240 So. 3d 519
Miss. Ct. App.2018Background
- On August 6, 2015, police conducting surveillance at 505 Rebecca Avenue performed a knock-and-talk after observing activity and a confidential source complaint. Sanchez Duncan was present at the residence with Janie Sistrunk and others.
- Sistrunk testified Duncan arrived carrying a green-and-black backpack she had previously given him; she and Duncan smoked methamphetamine in her bedroom and she received meth in exchange for unlocking phones.
- Officers secured the house, recovered a backpack from Sistrunk’s bed containing methamphetamine, an oval pill, and a 9mm handgun; officers also found meth, a similar oval pill, and a bullet on Duncan’s person.
- Lab testing confirmed methamphetamine: 0.085 grams on Duncan and 1.402 grams in the backpack. The bullet on Duncan matched the caliber/brand in the handgun.
- Duncan was indicted for possession of 0.1–2 grams of methamphetamine (amended as a second-or-subsequent offender) and possession of a weapon by a convicted felon; Sistrunk pled guilty and agreed to testify.
- A jury convicted Duncan on both counts; the trial court denied post-trial relief. Appellate counsel filed a Lindsey brief finding no arguable issues; Duncan filed a pro se brief raising credibility, sufficiency, and constructive-possession arguments.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Duncan) | Held |
|---|---|---|---|
| Witness credibility | Witness testimony supported possession and was for the jury to weigh | Argued State witnesses gave inconsistent statements and were not credible | Credibility is for the jury; conflicts do not warrant reversal; claim without merit |
| Sufficiency—methamphetamine possession | Evidence supported knowledge and possession: Duncan carried backpack; same pills/substance found on him and in backpack; drugs found in room he fled to | Argued State failed to prove dominion/control or elements beyond reasonable doubt | Viewing evidence in State’s favor, a rational jury could find elements proven; conviction affirmed |
| Sufficiency—weapon by felon | Evidence showed constructive possession of firearm: gun in backpack Duncan carried; he mouthed there was a gun; matching bullet on his person; prior felony admitted | Argued insufficient proof he possessed handgun found in backpack | Constructive possession established; conviction affirmed |
| Constructive possession instruction | Jury was instructed on constructive possession | Argued he should have been charged only with constructive possession (implying lesser charge) | Jury received constructive-possession instructions; issue meritless |
Key Cases Cited
- Lindsey v. State, 939 So. 2d 743 (Miss. 2005) (procedure when appellate counsel finds no arguable issues)
- Winding v. State, 908 So. 2d 163 (Miss. Ct. App. 2005) (credibility is for the jury)
- Williams v. State, 64 So. 3d 1029 (Miss. Ct. App. 2011) (conflicts in evidence resolved by jury)
- Williams v. State, 35 So. 3d 480 (Miss. 2010) (sufficiency standard—view evidence in light most favorable to prosecution)
- O’Donnell v. State, 173 So. 3d 907 (Miss. Ct. App. 2015) (elements of drug possession: knowledge and possession; actual or constructive possession)
- Gunn v. State, 174 So. 3d 848 (Miss. Ct. App. 2014) (elements for possession of a firearm by a convicted felon)
- Short v. State, 929 So. 2d 420 (Miss. Ct. App. 2006) (constructive possession of firearm may support conviction)