Tawana Terrell Johnson v. State of Mississippi, 252 So. 3d 50

Around 1:00 a.m. on April 26, 2014, Deputy Thomas Brea stopped Tawana Johnson’s rental car for swerving and smelled a strong odor of marijuana; Johnson exited the vehicle.
Officers found $10,672 in cash, a black digital scale, multiple empty plastic bags, and a backpack containing three clear plastic bags of marijuana (two analyzed totaling 69.55 grams) plus Johnson’s personal items in the passenger area.
Johnson denied there was marijuana in the car, surrendered money when asked, and was handcuffed after officers discovered the contraband; she did not testify at trial.
The State charged Johnson with possession of less than one kilogram but more than thirty grams of marijuana with intent to transfer or sell; jury convicted on possession-with-intent; sentenced to ten years as a nonviolent habitual and subsequent drug offender.
At trial the State introduced Johnson’s 2008 convictions for possession with intent to sell (marijuana and hydrocodone) over Johnson’s objection; the court gave a limiting instruction that the prior convictions could be used only to prove intent.

Issue	Plaintiff's Argument (State)	Defendant's Argument (Johnson)	Held
Admissibility of prior convictions under M.R.E. 404(b)	Prior drug-sale convictions are admissible to prove intent to sell or transfer; limiting instruction sufficient	Prior convictions were remote, unduly prejudicial, and only probative by improper propensity inference	Admitted; court found probative value outweighed prejudice and gave limiting instruction
Sufficiency of evidence for possession with intent	Circumstantial evidence (69.55 g marijuana, scale, $10,672, empty bags, contraband in backpack in her control) supports intent to sell	Quantity alone insufficient; no direct proof of intent to transfer	Evidence sufficient when viewed in light most favorable to State; conviction affirmed
Motion for new trial / weight of the evidence	Verdict was supported by the record and jury credibility determinations	Verdict was against the overwhelming weight of the evidence; new trial warranted	Denied; verdict not unconscionable and jury acted within province to weigh credibility

Smith v. State, 839 So. 2d 489 (Miss. 2003) (prior drug-sale convictions admissible under Rule 404(b) to prove intent when balanced under Rule 403 and accompanied by limiting instruction)
Davis v. State, 40 So. 3d 525 (Miss. 2010) (discussing Rule 404(b) admissibility and Rule 403 balancing)
Taylor v. State, 656 So. 2d 104 (Miss. 1995) (quantity or nature of seized substance may support inference of intent to transfer)
Stringfield v. State, 588 So. 2d 438 (Miss. 1991) (conviction for intent to distribute requires evidentiary facts allowing reasonable jury certainty)
Hamm v. State, 735 So. 2d 1025 (Miss. 1999) (presumption of constructive possession against owner of premises where contraband is found)
Wall v. State, 718 So. 2d 1107 (Miss. 1998) (principle of constructive possession extends to vehicle owners)
Williams v. State, 35 So. 3d 480 (Miss. 2010) (standard for sufficiency review: evidence viewed in light most favorable to prosecution)
Fuller v. State, 910 So. 2d 674 (Miss. Ct. App. 2005) (standard for reviewing denial of new trial on weight of evidence)