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Hynes v. State

Court of Appeals of Mississippi

December 2, 2014

CLARENCE WYDELL HYNES A/K/A CLARENCE HYNES, APPELLANT
v.
STATE OF MISSISSIPPI, APPELLEE

DATE OF JUDGMENT: 10/09/2012.

COURT FROM WHICH APPEALED: SCOTT COUNTY CIRCUIT COURT. TRIAL JUDGE: HON. MARCUS D. GORDON. TRIAL COURT DISPOSITION: CONVICTED OF POSSESSION OF AT LEAST .1 GRAM BUT LEST THAN 2 GRAMS OF METHAMPHETAMINE, AS A SUBSEQUENT DRUG OFFENDER, AND SENTENCED TO TEN YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS.

FOR APPELLANT: EDMUND J. PHILLIPS JR.

FOR APPELLEE: LISA L. BLOUNT.

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

OPINION

Page 1064

NATURE OF THE CASE: CRIMINAL - FELONY

JAMES, J.

¶1. After a jury trial, Clarence Wydell Hynes was convicted of possession of at least .1 gram but less than 2 grams of methamphetamine. Because of a prior conviction of possession of methamphetamine, Hynes was sentenced as a second offender to ten years in the custody of the Mississippi Department of Corrections. Hynes filed a motion for a new trial, and the trial court denied the motion. Hynes raises the following issues: (1) whether the trial court erred in admitting into evidence the search of Hynes's person, and (2) whether the trial court erred in admitting Hynes's confession into evidence. Finding no error, we affirm.

FACTS

¶2. On November 10, 2011, Hynes was with his friend, Ryan Jackson, at the intersection of VFW Road and a dirt road. Deputy Sheriff Joey Rigby and Jeff Pitts, an agent with the narcotics task force with the Scott County Sheriff's Department, were driving in separate vehicles down VFW Road when they saw Jackson and Hynes. Deputy Rigby testified that he saw Hynes and Jackson duck behind a car. Deputy Rigby turned around and observed a red Ford traveling at a high rate of speed. Agent Pitts stopped his vehicle at the dirt road and stayed with Jackson. Deputy Rigby stopped Hynes's car and was told by Hynes that his license was suspended. Deputy Rigby conducted a pat down of Hynes and felt a lump in Hynes's pocket. Deputy Rigby reached inside the pocket and pulled out a pill bottle, which contained what he suspected

Page 1065

to be a controlled substance. Hynes was then handcuffed and Deputy Rigby continued to pat Hynes down. After testing, it was determined that the substance found in Hynes's pocket was methamphetamine.

¶3. Hynes told Deputy Rigby that he had a problem with drugs and bought the drugs from someone named " Brusha." Deputy Rigby testified that Hynes volunteered information about where he bought the drugs. Further, Deputy Rigby did not question Hynes. Leonard Harrison, a narcotics investigator with the sheriff's department, testified that Hynes was read his rights and that Hynes appeared to have understood those rights. Investigator Harrison also ...


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