COURT FROM WHICH APPEALED: NESHOBA COUNTY CIRCUIT COURT. DATE OF JUDGMENT: 11/09/2012. TRIAL JUDGE: HON. MARCUS D. GORDON. TRIAL COURT CONVICTED OF ONE COUNT OF POSSESSION OF MORE THAN TWO GRAMS BUT LESS THAN TEN GRAMS OF COCAINE AND ONE COUNT OF POSSESSION OF LESS THAN THIRTY GRAMS OF MARIJUANA AND SENTENCED AS A HABITUAL OFFENDER AND SECOND DRUG OFFENDER TO LIFE IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS, WITHOUT ELIGIBILITY FOR PAROLE OR SUSPENSION OR REDUCTION OF SENTENCE.
FOR APPELLANT: EDMUND J. PHILLIPS JR.
FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL, BY: JEFFREY A. KLINGFUSS.
BEFORE GRIFFIS, P.J., BARNES AND JAMES, JJ. LEE, C.J., IRVING AND GRIFFIS, P.JJ., BARNES, ISHEE, ROBERTS, CARLTON, MAXWELL AND FAIR, JJ., CONCUR.
NATURE OF THE CASE: CRIMINAL - FELONY
¶1. Corderro Seales was convicted of one count of possession of more than two but less than ten grams of cocaine and one count of possessing less than thirty grams of marijuana. Seales was also convicted as a second-offense drug offender and a habitual offender. He was sentenced to life imprisonment without eligibility for parole or any suspension or reduction of sentence, to be served in the custody of the Mississippi Department of Corrections. Seales appeals his conviction raising the following issue: whether the trial court erred in overruling his objection to a leading question at trial. Finding no error in the decision of the trial court, we affirm.
¶2. Corderro Seales was stopped by Officer Jonathan Spears at a safety roadblock in Neshoba County, Mississippi. The following day, Officer Spears learned of an outstanding arrest warrant for Seales. Officer Spears spotted a car similar to the one Seales had been driving the night prior and effectuated a stop. Officer Spears identified the driver as Seales and informed him of the warrant for his arrest, arrested him, and placed him in the back seat of the squad car. Another officer, Josh Ray, arrived and followed Officer Spears and Seales in another squad car. Officer Spears noticed Seales's muffled speech and determined that something was in Seales's mouth affecting his speech.
¶3. Officer Spears pulled over with Officer Ray and confronted Seales about the object in his mouth. After a struggle, Seales spit the bag out of his mouth onto the seat. The bag contained a green leafy substance and another bag with a rock-like substance. It was later confirmed that the green leafy substance was marijuana and the rock-like substance was crack cocaine.
¶4. At trial the following question was posed to Ralph Scriple, an investigator with the Neshoba County Sheriff's Department: " Did you become aware through radio traffic that the Defendant had been put under arrest on that warrant by Officer Spears?" Trial counsel objected to the question on the ground of leading the witness. The trial court overruled the objection, and the following answer was elicited by the prosecutor: " Yes, sir, I know that they did pick him up and [were] transporting him to the jail."
¶5. Seales was found guilty of possession of more than two but less than ten grams of cocaine and possession of less than thirty grams of marijuana. Seales was also found to be a second-time drug offender and habitual offender and was sentenced to life in prison, without the possibility of a reduction of sentence, to be ...