Williams v. State
Williams v. State
Opinion
¶ 1. Derrick Williams was found guilty in the Circuit Court of Copiah County of possession of crack cocaine. He was sentence to sixteen years with ten to serve, six suspended and five years supervised probation. Feeling aggrieved, he appeals his conviction stating the following as error.
1. Whether the search was unreasonable and unlawful and therefore inadmissible; and
2. Whether the trial court erred by not sustaining the objection to chain of custody.
¶ 4. "The relevancy and admissibility of evidence are largely within the discretion of the trial court and reversal may be had only where that discretion has been abused." Hentz v. State,
¶ 6. The concern is whether the search of Williams was performed legally. He was arrested for speeding. An officer is allowed to perform a search incident to an arrest. Ferrell v. State,
Id.In the case of a search incident to arrest, the exception to the warrant requirement is founded upon the reasonable concern that the arrestee might have a weapon on his person or within reach and that he may attempt to destroy evidence.
¶ 7. Ferrell was stopped for speeding and found to be driving with a suspended license. Id. at 832. The subsequent search of his automobile was illegal when the exercise of arresting Ferrell was completed as he was handcuffed, patted down and placed in the back of a police car. Id. The officer, by his action, was not concerned that Ferrell was a physical threat. Id. at 833.
¶ 8. In the instant case, we are presented with conflicting testimony as to what happened the day of the arrest. In addition, we are not concerned with a search of an automobile as in Ferrell. We are focused on the search of Williams' body. The judge allowed the evidence of crack cocaine to be introduced as is evident by the trial record. Nothing was provided to assist us in determining whether the decision by the judge was a sound one. We cannot review what is not before us.
¶ 9. As to the question of chain of custody, we find no obstacle. There is clear testimony as to the chain by several witnesses. The defense offers no proof to discredit the testimony other than conflicting testimony, which, as we have stated above is a question for the jury. Williams needed to demonstrate that there was an "indication or reasonable inference of probable tampering with the evidence . . ." but did not do so. Gilley v. State,
¶ 10. THE JUDGMENT OF THE CIRCUIT COURT OF COPIAH COUNTY OFCONVICTION OF POSSESSION OF CRACK COCAINE WITH INTENT TO DISTRIBUTE ANDSENTENCE OF SIXTEEN YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OFCORRECTIONS; TO SERVE TEN YEARS OF SAID SENTENCE WITH THE REMAINING SIXYEARS TO BE SUSPENDED FOR FIVE YEARS POST-RELEASE SUPERVISION AND A FINEOF $18,000 IS AFFIRMED. ALL COSTS OF THIS APPEAL ARE ASSESSED TO THEAPPELLANT.
McMILLIN, C.J., KING AND SOUTHWICK, P. JJ., BRIDGES, THOMAS, LEE,IRVING, CHANDLER AND BRANTLEY, JJ., CONCUR. *Page 1213
Reference
- Full Case Name
- Derrick Williams v. State of Mississippi
- Cited By
- 1 case
- Status
- Published