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RAY M. WALDROP, A/K/A DAVID RAY WALTERS v. STATE OF MISSISSIPPI

MAY 17, 1989

RAY M. WALDROP, A/K/A DAVID RAY WALTERS
v.
STATE OF MISSISSIPPI



BEFORE HAWKINS, P.J., PRATHER AND ANDERSON, JJ.

PRATHER, JUSTICE, FOR THE COURT:

This case was first before this Court in Waldrop v. State, 506 So. 2d 273 (Miss. 1987). This Court held that the appellant's conviction for the manufacture of methamphetamine, a Schedule II drug pursuant to 41-29-115 (Miss. Code Ann. (Supp. 1988), should be reversed for a new trial, largely on the grounds of ineffective assistance of counsel. Id. at 276. The second trial was held in the Circuit Court of Leake County; Waldrop was again convicted of the crime of manufacturing methamphetamine and sentenced to thirty (30) year term in the Department of Corrections without probation or parole. On appeal to this Court, he assigns as error the following:

(1) The consent to search the trailer signed by Mary Lube was invalid.

 (2) Waldrop has standing to challenge the legality of the consensual search of the trailer.

 (3) The police officers trespassed on Waldrop's land in order to gain access to the trailer.

 (4) The trial court erred in admitting into evidence the substance found on the property in front of the trailer.

 FACTS

 I.

 For purposes of this appeal, the facts at issue are largely the same as those contained in the first opinion, as follows:

 On September 14, 1984, Leake County Sheriff Joe Mack Thaggard and four state criminal investigators, arrested Ray M. Waldrop on a parole violation, pursuant to a teletype from the National Crime Information Center, (NCIC). Prior to the arrest, police also had information that Waldrop was an acquaintance of an area resident, Mary Lube, and ran a drug laboratory.

 A few hundred yards from the arrest scene, a

 home construction site, police passed a mobile home where Lube's automobile had previously been seen parked in the drive. Louisiana State Police reported that the mobile home, owned by Lube, was Waldrop's residence before its move to Mississippi in August, 1984. On the day of the arrest, police again passed the mobile home from which emanated a "terrible odor" , similar to ether, a compound in the manufacture of methamphetamine.

 See Waldrop v. State, 506 So. 2d 273 (Miss. 1987).

 Only a few hundred yards from the arrest scene was a mobile home, at which Mary Lube's car had been parked. The windows of the mobile home were covered with aluminum foil and there were no electric or water lines running from the mobile home. On the day of the arrest, police passed the mobile home and noticed that a terrible odor seemed to be coming from it. The smell ...


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