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[T] Allen v. State

June 16, 1998

RICKY DEVON ALLEN, SR., APPELLANT
v.
STATE OF MISSISSIPPI, APPELLEE



Before Thomas, P.j., Coleman, Hinkebein, And Payne, JJ.

The opinion of the court was delivered by: Payne, 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: 01/21/97

TRIAL JUDGE: HON. MARCUS D. GORDON

COURT FROM WHICH APPEALED: LEAKE COUNTY CIRCUIT COURT

NATURE OF THE CASE: CRIMINAL - FELONY

TRIAL COURT DISPOSITION: AGGRAVATED ASSAULT: SENTENCED TO SERVE A TERM OF 5 YRS IN THE MDOC; IT IS ORDERED THAT THE MDOC PROVIDE UNTO THE INMATE MEDICAL, DRUG & ALCOHOL TREATMENT

MOTION FOR REHEARING FILED:

CERTIORARI FILED:

MANDATE ISSUED:

Ricky Devon Allen, Sr. was convicted of aggravated assault and sentenced to serve a term of five years in the custody of the Mississippi Department of Corrections. Allen's motion for JNOV or, in the alternative, a new trial was denied. Finding no reversible error, we affirm.

FACTS

The victim, Sharon Langdon, suffered a gun shot injury to her left knee cap when her live-in boyfriend, Ricky Allen, became angry with her. Langdon testified that on November 8,1995, Allen became very angry with her, followed her to the bedroom, and loaded a shotgun. Langdon indicated that Allen hit her with the barrel of the shotgun when she attempted to leave the bedroom. Langdon testified that Allen then pointed the gun at her chest at which time she pushed a fan down on the gun. As a result, the gun fired, striking Langdon in the left leg.

Langdon's ten-year old son, Johnny, corroborated Langdon's story, stating that he saw Allen check to see if the gun was loaded and then saw Allen point the gun at his mother's chest before his mother pushed the fan on to the gun. Johnny testified that he called the police after the shooting occurred.

Shortly thereafter, Deputy Jimmy Lewis arrived on the scene. Lewis indicated that Allen smelled of alcohol and appeared to be intoxicated. Lewis testified that Allen told him that he shot Langdon and "hoped Wilcox [funeral home] had to come pick the SOB up."

Allen testified in his own behalf, admitting that he knew the gun was loaded but that it fired accidentally when Langdon pushed the fan on top of the gun. Allen denied making any statements to Deputy Lewis.

After hearing all of the evidence, a jury found Allen guilty of aggravated assault. Feeling aggrieved, Allen filed ...


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