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10/23/96 SMITH v. STATE

October 23, 1996

SMITH
v.
STATE



Before Prather, C.j., Banks And Smith, JJ.

The opinion of the court was delivered by: Prather, Chief Justice, For The Court

JAMEY LYNN SMITH v. STATE OF MISSISSIPPI

THIS OPINION IS NOT DESIGNATED FOR PUBLICATION AND MAY NOT BE CITED, PURSUANT TO M.R.A.P. 35-A

TRIAL JUDGE: HON. WARREN ASHLEY HINES

COURT FROM WHICH APPEALED: WASHINGTON COUNTY CIRCUIT COURT

BY: DEWITT ALLRED, III

DISTRICT ATTORNEY: FRANK CARLTON

NATURE OF THE CASE: CRIMINAL - FELONY

DISPOSITION AFFIRMED - 7/2/98

STATEMENT OF THE FACTS AND CASE

On the night of September 8, 1995 Jamey Lynn Smith ("Smith") ran into Edward Verble ("Edward") with his car after engaging in a lengthy and reckless car chase through the streets of Greenville. The record indicates that Smith and his friend Mike Floyd had become involved in an altercation with Edward's brother Condon Verble ("Condon") and his friend Jimbo Baxter ("Baxter") outside a local nightclub. After leaving the nightclub in Baxter's truck, Condon realized that Smith and Floyd were following them in Smith's car. Smith continued to chase after Condon and his friends in an aggressive and reckless manner. On two occasions, Smith got out of his car at a red light and struck Baxter's truck with a stick-like object.

Condon finally stopped his truck in front of the local high school and got out of his truck in hopes of ending the chase "before somebody got seriously hurt." Smith then tried to run over Condon, and, after Condon jumped out of the way, Smith turned around and came back after him. At this point, Condon's brother Edward Verble ("Edward") arrived on the scene in his truck, and Condon jumped in the back of Edward's truck. The reckless chase continued over several blocks until, at one point, Edward got of out his truck. Jamey then drove his truck into Edward, seriously injuring him in the process.

On December 11, 1995, Smith was indicted on three counts of aggravated assault in the Circuit Court of Washington County. On July 20, 1996 Smith was convicted of two counts of simple assault and one count of aggravated assault. On August 2, 1996, the Circuit Judge sentenced Smith to two consecutive six month sentences on the simple assault convictions and eighteen years on the aggravated assault conviction. Smith appealed to this Court, alleging error in the sentencing phase of his trial. Smith also filed a motion for post conviction relief, asserting ineffective assistance ...


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