Mickey L. JOHNSON a/k/a Mickey Johnson
STATE of Mississippi.
Rehearing Denied Jan. 16, 2014.
Edmund J. Phillips, Jr., Newton, attorney for appellant.
Office of the Attorney General by Stephanie B. Wood, attorney for appellee.
Before DICKINSON, P.J., KITCHENS and CHANDLER, JJ.
¶ 1. On appeal from his conviction for possession of cocaine, Mickey L. Johnson argues that law enforcement officers gave him a defective Miranda  warning and then coerced his written statement by promising to forego charges against his fianceé . He further argues that, because the trial court refused to suppress his written statement, his conviction must be reversed. We find that the Miranda warning used in this case was not defective, and we are not persuaded that the trial judge committed manifest error in finding that Johnson voluntarily gave a statement that included his confession.
FACTS AND PROCEDURAL HISTORY
¶ 2. On August 4, 2011, Johnson, his fianceé Chiquita Clay, and Gamilla Truss were in Johnson's home when law enforcement officers arrived to execute a search warrant. During the search, officers located a plastic bottle containing what appeared to be crack cocaine. Later analysis by the crime lab confirmed that the substance was in fact cocaine. Following the search, the officers arrested Johnson and transported him and Clay— whom they did not arrest— to the Leake County Jail.
¶ 3. After arrival at the jail, Officer Clay McCombs and Chief Deputy Mike Williams presented Johnson with a form Miranda warning and waiver, which he signed. Thereafter, Officer McCombs wrote out a statement which Johnson signed, stating:
I, Mickey Johnson, am giving this statement to Clay McCombs, who is writing it for me. Today I was at my house when I heard officer was at my house. I had some crack cocaine that I put in a white bottle. I put the white bottle in some clothes in the closet with women's clothes. It was my crack cocaine and Chekita Clay had nothing to do with it.
¶ 4. The Leake County grand jury indicted Johnson on a charge of possession of cocaine in an amount of at least two grams but less than ten grams, and as a second drug offender, and on May 8, 2012, the case went to trial.
¶ 5. At trial, Johnson's counsel objected to the admission of Johnson's statement, arguing that the statement was involuntary because it was coerced with a promise by law enforcement to forego charges against Clay; and that the Miranda warning was defective because it did not include the required disclosure that Johnson had the right to consult with counsel prior to any questioning.
¶ 6. During a suppression hearing outside the presence of the jury, the trial judge— after hearing testimony from Officer Clay McCombs, Chief Deputy Mike Williams, and Johnson, as well as argument from both sides— found the warning sufficient pursuant to Miranda and held that ...