Williams v. State

334 So.3d 68

Lavar WILLIAMS a/k/a Lavar D. Williams a/k/a Lavar Daunte Williams a/k/a Boo Love

v.STATE of Mississippi

NO. 2019-CT-01007-SCT

Supreme Court of Mississippi.

February 24, 2022

ATTORNEYS FOR APPELLANT: OFFICE OF STATE PUBLIC DEFENDER BY: ERIN ELIZABETH BRIGGS, JUSTIN TAYLOR COOK, GEORGE T. HOLMES, Jackson

ATTORNEYS FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY: ABBIE EASON KOONCE, Jackson, ALLISON ELIZABETH HORNE

EN BANC.

ON WRIT OF CERTIORARI

ISHEE, JUSTICE, FOR THE COURT:

¶1. While he was incarcerated in the Madison County Jail, Lavar Williams's jailers recorded numerous telephone conversations in which Williams appeared to be directing a drug trafficking ring. A search of Williams's home revealed large amounts of marijuana and cocaine, as well as $93,259 in cash. Williams was subsequently charged and convicted of two counts of conspiracy and two counts of possession with intent to distribute. On appeal, Williams contends that he could not be in possession, constructive or otherwise, of drugs found in his home when he had been had been incarcerated for two months and others had access to the home. The Court of Appeals affirmed Williams's conviction on a constructive possession theory. We affirm as well, though we take this opportunity to clarify that Williams's conviction should be affirmed based on accomplice liability rather than constructive possession.

FACTS

¶2. The Court of Appeals ably recited the relevant facts:

At trial, Lieutenant Trey Curtis with the Narcotics Division of the Madison County Sheriff's Department testified that in December 2017 he began monitoring Williams's phone calls while Williams was in the Madison County Detention Center. Lieutenant Curtis testified that Williams made several calls to Jeremiah Kelly and used code words to discuss narcotics. As a result, Lieutenant Curtis obtained search warrants for Williams's residence on Kings Crossing in Madison County and Kelly's mother's residence on North Jackson Street in Madison County.

On January 27, 2018, law enforcement executed the warrants. Lieutenant Curtis testified that law enforcement found marijuana and cocaine at Williams's residence. They also found currency, scales, sandwich bags, priority-mail postal stickers, and drug ledgers. According to Lieutenant Curtis, the currency was divided into stacks, and on top of each stack were ledgers with names and amounts. Lieutenant Curtis testified that the ledgers corroborated information that he had overheard on Williams's phone calls with Kelly. On cross-examination, Lieutenant Curtis admitted that Williams had been in jail for approximately two months and therefore had not had access to his residence.

The State played portions of several of Williams's phone calls to Kelly for the jury. During the calls, Williams and Kelly discussed "T-shirts," "presents," and "shoes." Lieutenant Curtis explained that "T-shirts" was code for crack cocaine, and "presents" and "shoes" were codes for marijuana. Kelly assured Williams that he had written everything down and that everything was "copesetic."

During the calls, Williams and Kelly discussed someone named "Young." Lieutenant Curtis testified that a box found in the trash can suggested that Young lived in California. Then Williams referenced "Mark in the truck." Kelly asked, "Mark in the truck?" Williams clarified, "In the brown truck." Lieutenant Curtis testified he determined that Mark was a UPS driver. Later, Kelly told Williams that everything was "straight" with certain mail. According to Lieutenant Curtis, Williams told Kelly to send Young "750 times ten," which meant $750 per pound for marijuana. Lieutenant Curtis testified that "7,500 Young" was written on one of the ledgers.

Tommy Jones, Captain of the Narcotics Division of the Madison County Sheriff's Department, testified that he participated in the execution of the search warrant at Williams's house. Captain Jones testified that law enforcement found a safe inside a bedroom closet, containing what they suspected was marijuana and cocaine, $93,259, and a stolen fully automatic ... MP5[-model submachine gun that had been stolen from the Jackson Police Department]. Additionally, Captain Jones testified that the ledgers mostly corroborated the phone calls between Williams and Kelly.

On cross-examination, Captain Jones admitted that Williams had not had access to his house for approximately two months and that other people had access to the house.

Archie Nichols, with the Mississippi Forensics Laboratory, testified that the safe at Williams's residence contained 167.66 grams of cocaine, a Schedule II controlled substance, and 5,556.71 grams of marijuana, a Schedule I controlled substance. Additionally, 10.58 grams of cocaine and another. 48 gram[s] of cocaine were found in Williams's kitchen

Finally, the State called Lenaris Milton to testify at trial. Milton had pleaded guilty to conspiracy to deliver marijuana in this case and was sentenced to serve five years. As part of his plea, he agreed to testify at Williams's trial. According to Milton, he grew up with Williams, and he, Williams, and Kelly were involved in the same drug business. According to Milton, he sold drugs for Williams even while Williams was in jail in January 2018. Milton specifically testified that Williams had called him from jail and directed him to distribute drugs. Milton also testified that they used code words for drugs such as "presents" and "T-shirts." According to Milton, he helped his wife run a clothing store in 2018, but Williams did not have anything to do with it.

After the State rested its case, the defense moved for a directed verdict, which was denied. Then Williams testified. Williams's defense was that he had been incarcerated since December 4, 2017, and that other people had access to his residence while he was incarcerated. He admitted to calling Kelly from jail; however, he testified that they only discussed Christmas presents for his kids, not drugs. He also testified that when they discussed T-shirts, they were referring to T-shirts at Milton's clothing store that he helped run. Later, Williams testified that he never mentioned presents or T-shirts. According to Williams, he instructed Kelly to manage his appliance business. Williams testified that he received scratch-and-dent appliances from a man named Derek Young at Lowe's in Madison. Then he sold the appliances to individual buyers. Williams testified that when he said "$750," he was referring to refrigerators. According to Williams, he had never been around any drugs and did not know of any drug activity at his house.

After the defense rested its case, the State called Lieutenant Curtis as a rebuttal witness. Lieutenant Curtis testified that although they seized some appliances from Williams's house, they did not find any ledgers that referred to appliances.

....

Ultimately, the jury found Williams guilty.... Now Williams appeals, claiming his convictions for possession with intent were not supported by sufficient evidence, and his trial counsel was ineffective for failing to file post-trial motions.

Williams v. State , No. 2019-KA-01007-COA, ––– So.3d ––––, ––––, 2020 WL 7350420, at *1-3 (Miss. Ct. App. Dec. 15, 2020). The Court of Appeals majority concluded that the evidence was sufficient to support Williams's convictions for possession with intent, and it found his trial counsel had not been ineffective. Id. at ––––, 2020 WL 7350420 at *4-5.

¶3. This Court granted certiorari to address the sufficiency of the evidence supporting Williams's convictions for possession with intent to distribute.

DISCUSSION

¶4. On review of the sufficiency of the evidence, "the critical inquiry is whether the evidence shows beyond a reasonable doubt that the accused committed the act charged, and that he did so under such circumstances that every element of the offense existed; and where the evidence fails to meet this test it is insufficient to support a conviction." Pace v. State , 242 So. 3d 107, 118 (Miss. 2018) (quoting Swanagan v. State , 229 So. 3d 698, 703 (Miss. 2017) ). This Court must decide if "any rational trier of fact could have found each element of the crime beyond a reasonable doubt ...." Mujahid v. State , 324 So. 3d 275, 281 (Miss. 2021) (internal quotation marks omitted) (quoting Pace , 242 So. 3d at 119 ).

¶5. To establish possession of a controlled substance, the State must produce evidence that a defendant (1) was aware of the presence of a substance, (2) was aware of the character of the substance, and (3) was consciously and intentionally in possession of the substance. Haynes v. State , 250 So. 3d 1241, 1244-45 (Miss. 2018) (quoting Hudson v. State , 30 So. 3d 1199, 1203 (Miss. 2010) ).

¶6. The third element, the defendant's conscious and intentional possession, can be established constructively if the evidence demonstrates the defendant had dominion or control over the substance. Id. at 1245 (quoting Hudson , 30 So. 3d at 1203 ). A finding of constructive possession requires a finding that the defendant had "some type of control over the drugs under the totality of the circumstances[.]" Berry v. State , 652 So. 2d 745, 750 (Miss. 1995) (citing State v. Staley , 123 Wash.2d 794, 872 P.2d 502 (1994) ). Evidence of ownership of substances or payment for substances would establish dominion or control over the substance. Id. at 751. Further, "one who is the owner in possession of the premises, or the vehicle in which contraband is kept or transported, is presumed to be in constructive possession of the articles found in or on the property possessed." Dixon v. State , 953 So. 2d 1108, 1113 (Miss. 2007) (quoting Hamburg v. State , 248 So. 2d 430, 432 (Miss. 1971) ). This presumption can be rebutted. Id. (quoting Hamburg , 248 So. 2d at 432 ). But the fact that others had access to the premises, by itself, is not necessarily sufficient to rebut the presumption of constructive possession as a matter of law. See Wolf v. State , 260 So. 2d...