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Smith v. State

April 21, 1998

SMITH V. STATE


Before McMILLIN, P.j., Herring, And Hinkebein, JJ.

The opinion of the court was delivered by: McMILLIN, P.j.

LARRY ROCHELLE SMITH, APPELLANT v. STATE OF MISSISSIPPI, APPELLEE

THIS OPINION IS NOT DESIGNATED FOR PUBLICATION AND MAY NOT BE CITED, PURSUANT TO M.R.A.P. 35-B

DATE OF JUDGMENT: 04/11/96

TRIAL JUDGE: HON. FORREST A. JOHNSON, JR.

COURT FROM WHICH APPEALED: FRANKLIN COUNTY CIRCUIT COURT

NATURE OF THE CASE: CRIMINAL - FELONY

TRIAL COURT DISPOSITION: POSSESSION OF A SCHEDULE II CONTROLLED SUBSTANCE COCAINE ENHANCED HABITUAL: SENTENCED TO SERVE A TERM OF 6 YRS IN THE MDOC, WITHOUT REDUCTION OR SUSPENSION, NOR ELIGIBILITY FOR PAROLE OR PROBATION

DISPOSITION AFFIRMED - 4/21/98

MOTION FOR REHEARING FILED:

CERTIORARI FILED:

MANDATE ISSUED:

Larry Smith has appealed his conviction for possession of cocaine. He claims that the cocaine discovered in the shoe of his companion was the product of an unreasonable search and should have been suppressed. He also claims, alternatively, that the evidence of his guilt was insufficient to sustain his conviction as a matter of law and that the trial court, therefore, erred in denying his motion for judgment non obstante veredicto. We find these issues to be without merit and affirm the conviction.

Smith was driving in a vehicle and accompanied by a female companion when he was pulled over by law enforcement officers who had observed him to be driving in an erratic manner. Smith was unable to produce a valid driver license and was arrested for driving without a license. Incident to that arrest, he was searched for weapons and contraband and the vehicle he was driving was searched. No incriminating evidence was found in these searches. His female companion, Linda Washington, voluntarily consented in writing to a search of her purse by the officers. That search produced a small set of scales and a pipe of the kind used to smoke crack cocaine. The officers then asked Washington if she had any illegal drugs in her possession and she voluntarily produced from her shoe a plastic bag that contained several rocks of crack cocaine. Washington then told the officers that, during the time Smith was stopping his vehicle in response to ...


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