Renaldo D. Butler v. State of Mississippi
Annotate this Case
Download PDF
IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI
NO. 2007-KA-01915-COA
RENALDO D. BUTLER
APPELLANT
v.
STATE OF MISSISSIPPI
DATE OF JUDGMENT:
TRIAL JUDGE:
COURT FROM WHICH APPEALED:
ATTORNEYS FOR APPELLANT:
ATTORNEY FOR APPELLEE:
DISTRICT ATTORNEY:
NATURE OF THE CASE:
TRIAL COURT DISPOSITION:
DISPOSITION:
MOTION FOR REHEARING FILED:
MANDATE ISSUED:
APPELLEE
02/06/2007
HON. L. BRELAND HILBURN
HINDS COUNTY CIRCUIT COURT
WILLIAM R. LABARRE
VIRGINIA LYNN WATKINS
SHRONDA JONEICE TAYLOR-LEGGETT
OFFICE OF THE ATTORNEY GENERAL
BY: JOHN R. HENRY
ELEANOR FAYE PETERSON
CRIMINAL - FELONY
CONVICTED OF POSSESSION OF
COCAINE AND SENTENCED TO EIGHT
YEARS IN THE CUSTODY OF THE
MISSISSIPPI DEPARTMENT OF
CORRECTIONS WITH SIX YEARS TO
SERVE, TWO YEARS SUSPENDED, AND
TWO YEARS OF SUPERVISED
PROBATION, AND TO PAY A FINE OF
$2,000
AFFIRMED - 03/24/2009
BEFORE MYERS, P.J., ISHEE AND CARLTON, JJ.
CARLTON, J., FOR THE COURT:
¶1.
On February 10, 2005, Renaldo D. Butler was indicted by a grand jury of the First
Judicial District of Hinds County, Mississippi for possession of cocaine pursuant to
Mississippi Code Annotated section 41-29-139 (Rev. 2005). On February 6, 2007, Butler
was found guilty by a jury of possession of cocaine. Butler was sentenced to eight years
imprisonment, six years to serve, two years suspended, and two years of post-release
supervision in the custody of the Mississippi Department of Corrections (MDOC). Butler
was also ordered to pay a $2,000 fine. After timely filing post-trial motions, all of which
were denied, Butler appealed his conviction. Finding no error, we affirm.
FACTS AND PROCEDURAL HISTORY
¶2.
On the evening of October 25, 2003, Butler was at the Chuk Stop Gas Station and Car
Wash (Chuk Stop) with about nineteen other people for the purpose of having a repast in
memory of one of Butler’s former co-workers. Butler worked at the Chuk Stop washing cars.
While Officer Casanova Reed was patrolling the area near the Chuk Stop, he noticed a crowd
at the Chuk Stop drinking alcohol in violation of a city ordinance. Officer Reed approached
the Chuk Stop with the purpose of dispersing the crowd. Officer Reed testified that upon his
approach, he saw Butler reach into his pocket and drop something.
¶3.
Officer Reed testified that he told Butler to stop, and Butler complied. Officer Reed
then picked up the bag by Butler’s feet, believed the bag contained crack cocaine, and
arrested Butler. The contents of the plastic bag later tested positive for crack cocaine. On
February 10, 2005, Butler was indicted by a grand jury for possession of cocaine.
¶4.
At trial, Sheryl Chandler, who was at the Chuk Stop when Butler got arrested, testified
on behalf of Butler that she did not see Butler throw anything on the ground. However,
2
Chandler testified on cross-examination that because it was dark and because she was not in
a position to see Butler throw anything down, she, in fact, could not have seen whether
Butler had thrown anything down or not. Additionally, on cross-examination, the assistant
district attorney elicited testimony from Chandler indicating that Chandler knew him as the
prosecutor who had tried one of Chandler’s sons on a murder charge.
¶5.
Butler testified at trial that the drugs recovered on the night of his arrest were not his.
On February 6, 2007, the jury found Butler guilty of possession of cocaine. Butler now
timely appeals raising four issues:
I. Whether the trial court correctly instructed the jury when it gave the State’s
requested jury instruction on constructive possession and denied Butler’s
requested instruction on actual possession.
II. Whether the trial court erred when it overruled a Batson challenge by
Butler.
III. Whether the trial court erred when it permitted Chandler to be questioned
regarding her sons’ criminal histories.
IV. Whether the trial court erred in denying Butler’s motion to suppress the
cocaine Officer Reed retrieved at the scene of Butler’s arrest.
DISCUSSION
I.
¶6.
Jury Instructions
Butler contends the trial court erred in denying his requested instruction as to actual
possession and in granting the State’s requested instructions as to constructive possession.
However, actual possession is not required; constructive possession is sufficient. Smith v.
State, 839 So. 2d 489, 497 (¶22) (Miss. 2003). In looking at the jury instructions as a whole,
3
we find that the court properly instructed the jury as to the law regarding possession and that
the court did not err in denying Butler’s proposed jury instruction as to actual possession.
¶7.
“A defendant is entitled to have jury instructions given which present his theory of the
case . . . the court may refuse an instruction which incorrectly states the law, is covered fairly
elsewhere in the instructions, or is without foundation in the evidence.” Dear v. State, 966
So. 2d 218, 219-20 (¶5) (Miss. Ct. App. 2007) (citation omitted). Upon appellate review,
“jury instructions should be read together as a whole when determining whether the court
erred in granting or denying the jury instruction in question.” Id. at 220 (¶5) (citation
omitted).
¶8.
Butler’s requested jury instruction on actual possession reads as follows:
Jury Instruction D-4: The [c]ourt instructs the jury that actual possession
means to have actual physical control, care, and management of the drug. The
court also instructs the jury that a person is in possession of an illegal
substance if he was aware of the presence and character of the particular drug
and was intentionally and consciously in possession of it.
¶9.
The State’s requested, and given, jury instructions on constructive possession read as
follows:
Jury Instruction S-3: The court instructs the jury that if you believe from all of
the evidence on this case, beyond a reasonable doubt, that Renaldo Butler at
[the] time and place in question was aware of the presence and character of the
substance which he is charged with possessing and that he was in close
proximity to the substance in question and that the substance was subject to his
dominion and control, and that he acted in such a way as to exercise such
dominion and control, then you must find him guilty of possession of
[c]ocaine.
Jury Instruction S-4: The [c]ourt instructs the [j]ury that to constitute
“Possession” as applied to this case, it is not necessary that the State prove
actual possession; it is sufficient if the State establishes that the substance
4
involved was subject to the defendant’s dominion and control, and that he was
aware or reasonably should have been aware, of its presence and character.
¶10.
Butler cites Hicks v. State, 580 So. 2d 1302, 1306 (Miss. 1991) in support of his
argument that his case lacked an evidentiary basis for a constructive possession jury
instruction. In Hicks, law enforcement saw the defendant cross a street, toss a film canister
into a ditch, and then walk back across the street. Id. at 1303. The film canister was thrown
outside of the defendant’s span of dominion and control as it was located in a ditch across
the street from where the defendant was arrested. See id. The film canister was retrieved by
law enforcement, and the defendant was arrested for possession of cocaine. Id.
¶11.
At trial, Hicks requested a constructive possession jury instruction. Id. at 1306. Hicks
contended that in order to find him guilty of possessing cocaine, the State had to prove that
he had dominion and control over the cocaine sufficient to support a possessory interest. Id.
The court refused Hicks’s constructive possession jury instruction finding that the instruction
was not supported by the evidence. Id. In affirming Hicks’s conviction for possession of
cocaine, the supreme court found that “there [was] clear evidence establishing actual
possession by Hicks from the testimony of the detective, who actually saw Hicks with the
canister of cocaine . . . .” Id. As explained below, the facts of Butler’s case differ from
Hicks, and jury instructions must be supported by the evidence.
¶12.
It is well stated that “[p]ossession of a controlled substance may be actual or
constructive.” Dixon v. State, 953 So. 2d 1108, 1112 (¶9) (Miss. 2007). A defendant may
not change what the law constitutes as possession. See id. In the case at bar, Butler “is in
5
essence asking that the court not instruct the jury about the law.” See Smith, 839 So. 2d at
497 (¶22).
¶13.
In Smith, cocaine was found in Smith’s vehicle and he was charged, and later tried,
for possession of cocaine. Id. at 493 (¶¶1-3). At trial, the jury was given a constructive
possession jury instruction. Id. at 497 (¶22). Smith argued, however, that a constructive
possession was improper “because, if anything, [the passenger’s] testimony would lead the
jury to believe Smith was in actual possession of the cocaine.” Id. (citing Hicks, 580 So. 2d
at 1306). The court explained that: “[i]n order to find [a] [d]efendant guilty of possession of
cocaine . . . there must be sufficient facts to warrant a finding by the jury that the [d]efendant
was aware of the presence and character of the substance and was intentionally or
consciously in possession of the substance.” Id. at (¶20). In affirming Smith’s conviction,
the court concluded:
Smith is in essence asking that the court not instruct the jury about the law.
The law states that actual possession is not needed, that constructive
possession will do. A jury's job is to weigh the evidence presented to it. If the
facts warrant it, the jury has the right to reach the conclusion that Smith was
in actual possession. Smith has no legitimate complaint that a jury instruction
not be given simply because the jury might come to a conclusion that is
unfavorable to him.
Id. at (¶22).
¶14.
Similarly, in Curry v. State, 249 So. 2d 414, 416 (Miss. 1971) (emphasis added), the
supreme court explained the concept of possession in the following manner:
[T]he concept of "possession" is a question which is not susceptible of a
specific rule. However, there must be sufficient facts to warrant a finding that
[the] defendant was aware of the presence and character of the particular
substance and was intentionally and consciously in possession of it. It need
6
not be actual physical possession. Constructive possession may be shown by
establishing that the drug involved was subject to his dominion or control.
¶15.
As stated in Curry and Smith, in order to convict Butler, the jury must have been
presented with sufficient facts from which it could conclude that Butler “was aware of the
presence and character of the substance and was intentionally or consciously in possession”
of the crack cocaine found at his feet. See id.; see also Smith, 839 So. 2d at 497 (¶20). At
trial, Officer Reed testified that he saw Butler drop a bag at his feet. The recovered bag was
confirmed through later testing to have contained crack cocaine. The above evidence,
including Butler’s denial of possession, was all before the jury. Ultimately, the jury believed
that Butler, in fact, possessed crack cocaine on the night of his arrest. See McAdory v. State,
772 So. 2d 1107, 1111 (¶10) (Miss. Ct. App. 2000) (stating that issues dealing with
credibility are left to the jury to decide). Therefore, from the record before us and under the
holdings of Curry and Smith, we cannot find that the denial of Butler’s requested instruction
amounted to error. See Dear, 966 So. 2d at 220 (¶5).
Again, “actual possession is not
needed . . . constructive possession will do.” Smith, 839 So. 2d at 497 (¶22). This issue is
without merit.
II.
¶16.
Butler’s Batson Challenge
Butler contends that the trial court violated Batson v. Kentucky, 476 U.S. 79 (1986),
in ruling that a prima facie case of discrimination had not been established when the State
used four of six peremptory strikes to strike African American jurors from the venire. The
State admits exercising four strikes against African Americans, but two of these four
prospective jurors had already been challenged for cause. Additionally, the State had also
7
accepted “several” African Americans on the jury. We find that Butler failed to make a
prima facie case of a Batson violation; therefore, we find that the trial court’s ruling denying
Butler’s Batson challenge was neither clearly erroneous nor against the overwhelming weight
of the evidence.
¶17.
The Court gives great deference to the trial court when determining whether or not
peremptory challenges were race-neutral. White v. State, 964 So. 2d 1181, 1183-84 (¶4)
(Miss. Ct. App. 2007) (citation omitted). “Such deference is necessary because finding that
a striking party engaged in discrimination is largely a factual finding. . . .” Id. at 1184 (¶4)
(citation omitted). “[W]e will not overrule a trial court on a Batson ruling unless the record
indicates that the ruling was clearly erroneous or against the overwhelming weight of the
evidence.” Id. (citation omitted).
¶18.
Pursuant to Batson, a prima facie case of purposeful discrimination is established by
the objecting party by showing that: (1) the defendant is a member of a cognizable racial
group; (2) the opposing party used peremptory challenges to strike members of the objecting
party’s racial group from the venire; and (3) the facts and circumstances surrounding the use
of the peremptory challenge raise an inference of discriminatory purpose on the part of the
party making the challenge to strike minorities. Dennis v. State, 555 So. 2d 679, 681 (Miss.
1989) (citing Batson, 476 U.S. at 96).
¶19.
The trial courts are instructed to take the following steps after a Batson objection has
been made:
(1) the defendant must make a prima facie showing that the prosecutor has
exercised his peremptory challenges on the basis of race, (2) if the requisite
showing has been made, the burden shifts to the prosecution to articulate
8
race-neutral explanations for striking the jurors in question, and (3) the trial
court has the duty of determining whether the defendant has carried his burden
of proving purposeful discrimination.
White, 964 So. 2d at 1184 (¶5) (citing Hernandez v. New York, 500 U.S. 352, 358-59 (1991)).
¶20.
In the case before the Court, the State used four of its six peremptory strikes to
eliminate African Americans from the venire: Ms. Cotton 1 ; Charlotte Veal; Katilya Harris;
and Antoine Collins. After the State made its strikes, Butler made a Batson challenge, stating
that “the State ha[d] struck nothing but black jurors.” The State responded that it had
accepted “several black jurors as well.” The trial judge then took the challenge under
advisement until the end of the jury-selection process. At the close of jury selection, the trial
judge ruled: “The State has not exercised all of its peremptory challenges which means in the
view of the Court the prima facie case of a Batson violation has not been made by the
defendant, therefore, the Batson challenge will be denied.” See Dennis, 555 So. 2d at 681
(finding no Batson violation when the prosecutor exercised five of his seven peremptory
challenges against African Americans; where prosecutor offered to provide race-neutral
reasons when none were required; and where one African American juror was selected for
the jury).
¶21.
Because the trial judge found that Butler failed to make out a prima facie case of a
Batson violation, the State was not required to provide race-neutral reasons for striking
Cotton, Veal, Harris, and Collins. See White, 964 So. 2d at 1184 (¶5). However, we note
that the State had previously challenged Cotton and Harris for cause based upon what the
trial court apparently considered race-neutral reasons. The record reflects that Cotton had
1
Ms. Cotton’s first name is not available in the record.
9
several experiences with law enforcement and a pending criminal matter in which her
daughter was the alleged victim of sexual assault. Harris was challenged because of her
work as a therapist treating drug and alcohol addicts. The trial court denied the State’s for
cause challenges against Cotton and Harris.
¶22.
Butler bore the burden to show, among other things, that the State’s use of peremptory
challenges, and any other relevant circumstances, raised an inference that the government
excluded the jurors in question based on their race. See Dennis, 555 So. 2d at 681. All
Butler contended at trial was that “the State had struck nothing but black jurors” with its
peremptory strikes. Based upon the foregoing, we find that the trial judge did not abuse his
discretion in finding that Butler’s Batson challenge failed to raise an inference that the State’s
peremptory strikes were based on race. See id.
III.
¶23.
Cross-examination of Chandler
Butler contends that the trial court erred in allowing, over Butler’s objection, the State
to question Chandler about her sons’ criminal records because such evidence was cumulative,
prejudicial, and irrelevant and, therefore, should not have been permitted. The State argues
that the trial court correctly permitted the State’s cross-examination of Chandler regarding
her sons’ criminal records as it was relevant and admissible to show Chandler’s possible bias
in her testimony against the State. Upon our review of the record, we find that the trial court
did not abuse its discretion in this matter.
¶24.
“The standard of review regarding the admission or exclusion of evidence is abuse of
discretion.” Mason v. State, 971 So. 2d 618, 620 (¶11) (Miss. Ct. App. 2007) (citation
omitted). “Absent an abuse of that discretion, the trial court's decision will not be disturbed
10
on appeal.” Id. (citation omitted). Mississippi Rule of Evidence 616 permits a party to
inquire into a witness's bias, prejudice, or interest in a case for the purpose of attacking a
witnesses’s credibility. Moreover, “wide latitude is allowed in cross-examination when the
chosen form of impeachment is by proof of bias, prejudice, or motive.” Fort v. State, 752
So. 2d 458, 462 (¶17) (Miss. Ct. App. 1999) (citation omitted). A limitation on the
admissibility of evidence arises pursuant to Mississippi Rule of Evidence 403. Rule 403
states: “Although relevant, evidence may be excluded if its probative value is substantially
outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury,
or by considerations of undue delay, waste of time, or needless presentation of cumulative
evidence.”
¶25.
In the case at bar, Butler called Chandler as a witness to the events that took place on
October 25, 2003, at the Chuk Stop car wash. On direct examination, Chandler testified that
she was present the night Butler was arrested and that she did not see Butler throw any drugs
on the ground. In turn, during cross-examination, the prosecutor questioned Chandler about
her son’s murder conviction, eliciting testimony that he himself had been the prosecutor at
her son’s murder trial. Butler raised several objections as to relevance. The prosecution
responded to Butler’s continuing objection by stating that the line of questioning went to
Chandler’s bias against the State. The trial judge overruled all of Butler’s objections.
¶26.
After the prosecutor asked Chandler about her son’s murder conviction, he then
elicited testimony from Chandler wherein she admitted that she could not have seen whether
Butler had thrown anything to the ground or not on the night he was arrested. Essentially,
Chandler admitted that she could not have observed Butler’s actions before his arrest because
11
of her position and because she was standing in the dark. Following this testimony, the
prosecutor then returned to the issue of bias, questioning Chandler very briefly about her
other son, who was then still in the custody of the MDOC. Again, he asked only the facts
regarding her son’s status and then moved on.
¶27.
Upon Butler’s objections to the questions about Chandler’s sons, the prosecutor
clearly stated that they were relevant to show the bias of the witness against the State. See
M.R.E. 616. Butler requested, and the trial court granted, an instruction limiting the jury to
consider the testimony about her sons’ criminal convictions only to determine Chandler’s
possible bias against the State. We find that granting such an instruction is presumed to cure
any possible prejudice or confusion on the jury’s part. See Burnside v. State, 912 So. 2d
1018, 1024 (¶11) (Miss. Ct. App. 2005) (finding that limiting instructions are generally
presumed to cure possible error) (citation omitted).
¶28.
Moreover, we find that the trial court properly allowed the prosecution latitude in
cross-examining Chandler about her sons’ criminal histories so as to show possible bias. See
Fort, 752 So. 2d at 462 (¶17) (stating that “wide latitude is allowed in cross-examination
when the chosen form of impeachment is by proof of bias . . . .”). Because we find that the
trial court did not abuse its discretion in permitting the State to impeach Chandler for the
purpose of showing bias, we find that this issue is without merit. See Mason, 971 So. 2d at
620 (¶11).
IV.
¶29.
Butler’s Motion to Suppress
Butler argues that his arrest was unlawful because Officer Reed failed to possess
probable cause to arrest him. As a result, Butler contends that “the evidence seized as a
12
result of said arrest should have been suppressed.” In contrast, the State argues that Officer
Reed possessed probable cause to arrest Butler when he observed a crowd at the Chuk Stop
drinking alcohol in violation of a city ordinance and then saw Butler drop at his feet what
Officer Reed believed to be a bag of crack cocaine. The State contends that the trial court
properly admitted recovered crack cocaine. For the reasons stated below, we find that the
trial court did not abuse its discretion in admitting the recovered crack cocaine into evidence
at trial.
¶30.
“Probable cause exists where the arresting officer has facts and circumstances within
his knowledge which are sufficient within themselves to warrant a man of reasonable caution
to believe that a person has committed an offense.” Young v. State, 562 So. 2d 90, 91 (Miss.
1990) (citation omitted). Additionally, our case law provides “for the warrantless arrest of
a suspect for a misdemeanor offense committed in the officer's presence.” McCoy v. State,
811 So. 2d 482, 483 (¶13) (Miss. Ct. App. 2002) (citation omitted). Moreover, “no warrant
is required to seize an object in plain view when viewed by an officer from a place he has the
lawful right to be, its incriminating character is readily apparent and the officer has a lawful
right of access to the evidence.” Howard v. State, 987 So. 2d 506, 510 (¶13) (Miss. Ct. App.
2008) (citation omitted).
¶31.
Here, Butler essentially argues that because Officer Reed did not field test the drugs
recovered by Butler’s feet, that Officer Reed did not “know” whether the substance
recovered was, in fact, crack cocaine. Butler, therefore, contends that “[i]n light of Officer
Reed[’s] lack of training, [Officer Reed] could not have formed the requisite probable cause
that . . . Butler was in possession of cocaine at the time of his arrest.” We disagree.
13
¶32.
Again, on the night in question, Officer Reed saw a group of people at the Chuk Stop
drinking alcohol in violation of a city ordinance. See Young, 562 So. 2d at 91. This fact
alone gave Officer Reed authority under the law to carry out warrantless arrests of those he
saw drinking alcohol in violation of the city ordinance. See McCoy, 811 So. 2d at 483 (¶13)
(stating that it is lawful for an officer to carry out a warrantless arrest of a suspect for a
misdemeanor offense committed in the officer's presence).
¶33.
When Officer Reed approached the group, he saw Butler take something from his
pocket and drop it. Officer Reed directed Butler to stop and retrieved the bag Butler had
dropped by his feet. See Howard, 987 So. 2d at 510 (¶13) (providing that “no warrant is
required to seize an object in plain view when viewed by an officer from a place he has the
lawful right to be, its incriminating character is readily apparent”). Believing the contents
of Butler’s abandoned plastic bag to be that of crack cocaine, Officer Reed arrested Butler.
See id. We find that under these facts, Officer Reed had more than sufficient probable cause
to arrest Butler. See Young, 562 So. 2d at 91; see McCoy, 811 So. 2d 483 (¶13). Therefore,
we find that the trial court did not err when it admitted the recovered crack cocaine into
evidence.
¶34. THE JUDGMENT OF THE HINDS COUNTY CIRCUIT COURT OF
CONVICTION OF POSSESSION OF COCAINE AND SENTENCE OF EIGHT
YEARS IN THE CUSTODY OF MISSISSIPPI DEPARTMENT OF CORRECTIONS
WITH SIX YEARS TO SERVE, TWO YEARS SUSPENDED, AND TWO YEARS OF
SUPERVISED PROBATION, AND TO PAY A FINE OF $2,000 IS AFFIRMED. ALL
COSTS OF THIS APPEAL ARE ASSESSED TO HINDS COUNTY.
KING, C.J., LEE AND MYERS, P.JJ., IRVING, GRIFFIS, BARNES, ISHEE
AND ROBERTS, JJ., CONCUR. MAXWELL, J., NOT PARTICIPATING.
14
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.