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[T] Delaney v. State

May 12, 1998

CHRISTOPHER DELANEY A/K/A "LITTLE CHRIS", APPELLANT
v.
STATE OF MISSISSIPPI, APPELLEE



Before McMILLIN, P.j., Diaz, And King, JJ.

The opinion of the court was delivered by: Diaz, J., For The Court:

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

DATE OF JUDGMENT: 08/16/96

TRIAL JUDGE: HON. JOHN LESLIE HATCHER

COURT FROM WHICH APPEALED: COAHOMA COUNTY CIRCUIT COURT

NATURE OF THE CASE: CRIMINAL - FELONY

TRIAL COURT DISPOSITION: AGGRAVATED ASSAULT: SENTENCED TO SERVE A TERM OF 16 YRS IN THE MDOC; THE COURT SUSPENDS 8 YRS AFTER THE DEFENDANT HAS SERVED 8 YRS IN THE MDOC THE SUSPENSION IS BASED UPON CONDITIONS; SENTENCE TO RUN CONSECUTIVE TO ANY PREVIOUSLY IMPOSED

MOTION FOR REHEARING FILED:

CERTIORARI FILED:

MANDATE ISSUED:

Christopher Delaney was convicted of aggravated assault, due to his attempt to cause bodily injury to Stephanie Brown and Charmine Gaston by shooting at them with a pistol on the night of December 11, 1995. From this conviction, he now perfects his appeal to this Court and argues (1) that the trial Judge erred in admitting prejudicial evidence of his gang activity and (2) that the jury's verdict was against the overwhelming weight of the evidence. Finding no merit in his assignments of error, we affirm.

FACTS

On December 11, 1995, Stephanie Brown and Charmine Gaston were riding down Highway 61 in Clarksdale, Mississippi when several gunshots were fired at their car. Brown and Gaston immediately reported the shooting to the police and identified Christopher Delaney as the perpetrator. The police located Delaney some fifty feet away from where the shooting occurred and arrested and charged him with aggravated assault. ...


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