MARVIN REROCKUS DEMOND CARVER a/k/a MARVIN REROCUKUS DEMOND CARVER a/k/a MARVIN CARVER a/k/a MARVIN REROCKUS CARVER a/k/a MARVIN R. CARVER a/k/a "FOOT"
STATE OF MISSISSIPPI
OF JUDGMENT: 06/18/2013
COUNTY CIRCUIT COURT, HON. WILLIAM E. CHAPMAN, III JUDGE.
ATTORNEYS FOR APPELLANT: OFFICE OF THE STATE PUBLIC DEFENDER
BY: HUNTER NOLAN AIKENS GEORGE T. HOLMES.
ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY:
BARBARA WAKELAND BYRD.
DISTRICT ATTORNEY: MICHAEL GUEST.
Marvin Rerockus Demond Carver was the passenger in a vehicle
not owned by him in which marijuana was found in the rear of
the trunk. Although Nicholas Ingram, Carver's
half-brother who had been driving the vehicle, took full
ownership of the contraband, Carver was convicted of
possession of marijuana. Because the State presented
insufficient evidence to support Carver's conviction, we
reverse and render judgment.
AND PROCEDURAL HISTORY
In November 2011, Nicholas Ingram, Carver's half-brother,
planned to drive from Grenada to the coast to surprise his
mother for Thanksgiving. Ingram's and Carver's
grandmother had rented a car for Ingram to take on the trip.
She then asked Carver to accompany Ingram so he would not be
alone. The trip was described as last-minute, and Carver
stated that he had decided to go the same day that Ingram had
planned to leave. In a rush, Ingram picked up Carver on his
way to the coast.
Wade Zimmerman, a state trooper for the Mississippi Highway
Patrol, pulled Ingram over for speeding in Madison County.
Trooper Zimmerman testified that he first went to the
passenger side of the vehicle, where Carver was sitting, to
obtain identification. Trooper Zimmerman returned to his car
and then proceeded to the driver's side of the vehicle.
At that time, Trooper Zimmerman testified that he noticed a
strong odor of marijuana emanating from the vehicle. He noted
that Ingram's eyes were bloodshot. Trooper Zimmerman
asked Ingram to step out of the vehicle for questioning.
Ingram first denied smoking marijuana but later admitted he
had been smoking after Trooper Zimmerman performed a field
sobriety test. Trooper Zimmerman testified that Ingram then
consented to a search of the vehicle.
Under the driver's seat, Trooper Zimmerman found a small
hand gun. In the center console was a small bag containing
less than a gram of marijuana. Trooper Zimmerman found two
larger bags of marijuana in the right rear side of the trunk
of the car, underneath the flap where the spare tire is
stored. One bag was wrapped in bubble wrap inside a manila
envelope. The second bag was bubble-wrapped and in a white
plastic bag. A digital scale also was in the trunk of the
vehicle. Subsequently, Ingram and Carver were taken into
custody. Ingram had in his possession more than eight hundred
dollars in cash.
Both Ingram and Carver waived their Miranda
rights. Agent Candace Beth Edwards with the
Mississippi Bureau of Narcotics first interviewed Ingram. At
that time, Ingram admitted purchasing the marijuana from a
bar in Grenada and claimed sole ownership of it. Ingram
stated that he had paid $300 for the marijuana. He also
stated that he had purchased the gun for protection around
three months prior after a family member had been killed.
Ingram testified that he had purchased the marijuana to smoke
with a couple of people for the holiday and that he had been
smoking marijuana prior to getting in the car that day.
Ingram said that Carver had not known about the marijuana in
the car. Agent Edwards testified that Ingram had taken full
responsibility for everything illegal that was found in the
Agent Edwards then interviewed Carver. She testified that
Carver had stated that he had known about the marijuana in
the vehicle and that he had agreed to smoke marijuana with
Ingram for the holiday. Carver did not state that he had
known specifically about the marijuana in the trunk. Agent
Edwards testified that she had assumed that he knew about all
of the ...