92 So. 3d 691
Miss. Ct. App.2012Background
- Thompson convicted by jury in Neshoba County Circuit Court of possession of methamphetamine (Count I) and possession of precursors to manufacture methamphetamine (Count II).
- Warrants and labs: confidential informant led to search warrant forBuddy Smith/Thompson residence; two active meth labs found behind the trailer.
- Thompson confessed after Miranda warnings and pointed to meth being for his personal use; admitted cooking with Buddy Smith.
- Lab materials and methamphetamine recovered: ephedrine, ammonium nitrate, sodium hydroxide, sulfuric acid, hexanes/heptanes; total methamphetamine about 1.1 grams.
- Sentencing: oral sentence 8 years (Count I) and 25 years (Count II) consecutive; written order later imposed 16 years (Count I) and 60 years (Count II) concurrent; court ruled Thompson a second offender and habitual offender.
- Issues preserved on appeal: challenges to probable cause for warrant, admissibility of confession, weight of Count II evidence, and whether oral vs written sentence controls.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Probable cause for issuance of the search warrant | Thompson argues lack of probable cause | State contends sufficient totality-of-the-circumstances showed probable cause | Probable cause supported; warrant valid. |
| Admissibility of Thompson's confession | Arrest invalidated confession under fruit-of-the-poisonous-tree | Not argued sufficiently; procedural bar | Procedurally barred; confession admissible. |
| Count II weight of the evidence | Conviction for precursor chemicals lacked ownership evidence | Evidence showed cooking admission and possession of precursors | Not against the overwhelming weight of the evidence. |
| Oral vs written sentencing order controls | Oral sentence should control | Written order controls when in conflict | Written sentencing order controls; affirmed. |
Key Cases Cited
- Roebuck v. State, 915 So.2d 1132 (Miss. Ct. App. 2005) (probable cause review requires substantial evidence and totality-of-the-circumstances)
- Phinizee v. State, 983 So.2d 322 (Miss. Ct. App. 2007) (probable cause based on totality of the circumstances)
- Woods v. State, 866 So.2d 422 (Miss. 2003) (veracity and knowledge of informants considered in probable-cause analysis)
- Rooks v. State, 529 So.2d 546 (Miss. 1988) (probable-cause standard under totality-of-circumstances)
- Boutwell v. State, 847 So.2d 294 (Miss. Ct. App. 2003) (written vs oral sentencing conflict; written controls in Mississippi cases)
- Temple v. State, 671 So.2d 58 (Miss. 1996) (requirement that judgment be entered on the record for validity of sentence)
- Leonard v. State, 271 So.2d 445 (Miss. 1973) (probation and sentence issues; distinctions from current case)