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[T] Wallace v. State

April 21, 1998

WALLACE
v.
STATE



Before Bridges, C.j., Herring, And Southwick, JJ.

The opinion of the court was delivered by: Southwick, J

QUINTARIOUS WALLACE A/K/A QUINTORIOUS WALLACE, APPELLANT v. STATE OF MISSISSIPPI, APPELLEE

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

DATE OF JUDGMENT: 06/06/96

TRIAL JUDGE: HONORABLE KENNETH LEVENE THOMAS

COURT FROM WHICH APPEALED: BOLIVAR COUNTY CIRCUIT COURT

NATURE OF THE CASE: CRIMINAL - FELONY

TRIAL COURT DISPOSITION: AGGRAVATED ASSAULT: SENTENCED TO A TERM OF 20 YEARS IN THE MDOC WITHOUT REDUCTION, SUSPENSION, PAROLE OR PROBATION; SENTENCE TO RUN CONSECUTIVE TO ANY PREVIOUSLY IMPOSED

DISPOSITION AFFIRMED - 4/21/98

A Bolivar County Circuit Court jury found Quintarious Wallace guilty of aggravated assault. Wallace appeals alleging that the verdict was not supported by sufficient evidence and was against the overwhelming weight of the evidence. Finding no merit to these assertions, we affirm.

FACTS

On the evening of October 7, 1995, in the City of Shelby, Mississippi at the Pride Garden Apartments, there was an altercation between Wallace and his girlfriend, Shawanda Davis. The evidence most consistent with the verdict is as follows. Davis's mother had been told by the landlord that Wallace could no longer all but reside at her apartment with her daughter since his name was not on the lease. Wallace was displeased by the news. He stood outside of the apartment leased to Dorothy McAdory, Davis's aunt, drinking beer and attempting to get Davis to come outside to talk with him. He asked other people to go inside and tell her that he wanted to speak with her. Eventually Wallace knocked on the door himself and was allowed to enter.

Wallace followed Davis around the apartment insisting that she go outside with him. After she refused several times, Wallace slapped her and began dragging her outside. McAdory and James Jenkins, Davis's uncle, tried to stop him. After Wallace displayed a gun, Jenkins and McAdory backed away. Wallace dragged Davis to the parking lot of the apartments where he kicked her and beat her with both his fists and the gun. He also beat her head against a parked vehicle.

Most if not all of the foregoing is uncontested. The point of disagreement at trial regards Wallace's use of the gun. Davis testified that in the parking lot Wallace put the gun to her head. She heard a clicking sound, but the gun did not fire. As Wallace fumbled with the gun, Davis crawled back toward the apartments. Davis heard a gun shot as she was crawling, but she could not see where the gun was pointed because her back was turned. Eyewitness testimony established that there was at least one gun shot, though some witnesses testified to hearing two gun shots. Two of the eye-witnesses testified that ...


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