Spann v. State

Summary

The Supreme Court of Mississippi affirmed Stella Spann’s conviction for selling cocaine and her sentence of thirty years, with fifteen years to serve and five years of post-release supervision. The court held that the evidence supported liability as an aider and abettor, that extrinsic testimony concerning a witness’s prior conduct was inadmissible under Mississippi Rule of Evidence 608(b), and that a lesser-included possession instruction was not warranted.

Holdings

1. The challenge to the indictment amendment was moot because Spann was not sentenced as a habitual offender.
2. The evidence was sufficient to support Spann's conviction because a defendant may be liable as a principal for aiding and abetting a drug sale without personally handing the drugs to the buyer or personally receiving compensation.
3. The trial court properly excluded Reed's testimony because it was extrinsic evidence of specific prior conduct offered to impeach Jernigan, which Rule 608(b) prohibits.
4. The court did not reach Spann's Rule 616 bias argument because it was not raised in the trial court and Spann did not argue plain error.
5. Spann was not entitled to a possession instruction because no evidence supported finding her guilty of possession but not guilty of selling the controlled substance.

Questions Presented

1. Whether the State's amendment of the indictment to allege habitual-offender status required reversal.
2. Whether the evidence was sufficient to support Spann's conviction for selling a controlled substance when she did not personally deliver the drugs to the buyer or receive payment.
3. Whether the trial court erred by excluding Reed's testimony concerning Jernigan's alleged prior drug use with Spann.
4. Whether Spann was entitled to a jury instruction on the lesser-included offense of possession.

Disposition

affirmed