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Sherrod v. State

Court of Appeals of Mississippi

September 30, 2014

KEVIN WAYNE SHERROD A/K/A KEVIN SHERROD A/K/A KEVIN W. SHERROD, APPELLANT
v.
STATE OF MISSISSIPPI, APPELLEE

COURT FROM WHICH APPEALED: JACKSON COUNTY CIRCUIT COURT. DATE OF JUDGMENT: 01/17/2013. TRIAL JUDGE: HON. DALE HARKEY. TRIAL COURT DISPOSITION: CONVICTED OF POSSESSION OF A CONTROLLED SUBSTANCE AND SENTENCED TO TWENTY-FOUR YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS, WITH EIGHTEEN YEARS TO SERVE AND SIX YEARS OF POST-RELEASE SUPERVISION.

FOR APPELLANT: OFFICE OF STATE PUBLIC DEFENDER, BY: BENJAMIN ALLEN SUBER.

FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL, BY: SCOTT STUART.

BEFORE GRIFFIS, P.J., MAXWELL AND FAIR, JJ. LEE, C.J., IRVING AND GRIFFIS, P.JJ., BARNES, ISHEE, ROBERTS, CARLTON, MAXWELL AND JAMES, JJ., CONCUR.

OPINION

Page 25

NATURE OF THE CASE: CRIMINAL - FELONY

FAIR, J.

¶1. Kevin Sherrod was tried and convicted of possession of a controlled substance. On appeal, he seeks a new trial, asserting that: (1) the court erred in excluding a packet of powdered sweetener from evidence, and (2) the verdict runs contrary to the weight of the evidence. Finding no error, we affirm.

FACTS

¶2. On or about April 20, 2011, Gennice Hayes and Sherrod were riding around a Walmart parking lot in Pascagoula, Mississippi. Walmart security charged Hayes with trespassing According to the record, she had been caught trespassing on the property once before. Walmart Loss Prevention called the police to remove Hayes from the property. During the arrest, one of the officers returned to the vehicle to retrieve Hayes's purse. Sherrod asked the officer if he could keep the purse to bail Hayes out of jail. The officer informed Sherrod that the purse needed to be inventoried and that he would have to come to the station to post bond for Hayes. Sherrod complied. At the station, the police inventoried the purse and found a pack of cigarettes containing two clear bags. Hayes saw the bags through the booking window and repeatedly stated they did not belong to her. The dispatch supervisor informed Sherrod that he could not collect the purse because narcotics had been found. At that point, Sherrod stated that the narcotics belonged to him. Testing at the Mississippi Crime Laboratory revealed that the substances were a combined 11.8 grams of cocaine. Sherrod was indicted pursuant to Mississippi Code Annotated section 41-29-139(c)(1) (Rev. 2013) for possession of Schedule II controlled substance.

¶3. Sherrod pled not guilty at trial. He testified that although he originally

Page 26

stated the narcotics were his, he did so to protect Hayes. The jury found Sherrod guilty. He was sentenced to serve twenty-four years in the custody of the Mississippi Department of Corrections, with eighteen years to serve and six years of post-release ...


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