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Sallie v. State

Court of Appeals of Mississippi

December 3, 2013

CRAIG D. SALLIE A/K/A CRAIG D. SALLIE, SR. A/K/A CRAIG SALLIE, APPELLANT
v.
STATE OF MISSISSIPPI, APPELLEE

DATE OF JUDGMENT: 06/25/2012.

COURT fro WHICH APPEALED: MADISON COUNTY CIRCUIT COURT. TRIAL JUDGE: HON. JOHN HUEY EMFINGER. TRIAL COURT DISPOSITION: CONVICTED OF COUNT I, AGGRAVATED ASSAULT, AND SENTENCED TO TWENTY YEARS; COUNT II, POSSESSION OF A WEAPON BY A CONVICTED FELON, AND SENTENCED TO TEN YEARS; WITH THE SENTENCES IN COUNT I AND COUNT II TO RUN CONCURRENTLY WITH EACH OTHER; AND AN ADDITIONAL TEN YEARS AS AN ENHANCEMENT FOR THE USE OF A FIREARM DURING THE COMMISSION OF A FELONY TO RUN CONSECUTIVELY TO COUNTS I AND II, ALL IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS.

FOR APPELLANT: OFFICE OF STATE PUBLIC DEFENDER, BY: GEORGE T. HOLMES.

FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL, BY: SCOTT STUART.

BEFORE IRVING, P.J., ISHEE AND FAIR, JJ. LEE, C.J., GRIFFIS, P.J., BARNES, ISHEE, ROBERTS, CARLTON, MAXWELL AND FAIR, JJ., CONCUR. JAMES, J., CONCURS IN PART WITHOUT SEPARATE WRITTEN OPINION.

NATURE OF THE CASE: CRIMINAL - FELONY

IRVING, P.J.

¶1. A Madison County jury convicted Craig D. Sallie of aggravated assault and possession of a firearm by a convicted

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felon. The circuit court sentenced him to twenty years for the aggravated-assault conviction and ten years for the felon-in-possession-of-a-firearm conviction, with both sentences to run concurrently. The circuit court also sentenced Sallie to an additional ten years pursuant to Mississippi Code Annotated section 97-37-37(2) (Supp. 2013), to run consecutively to the other sentences. Sallie filed a motion for a new trial, which the circuit court denied. Feeling aggrieved, Sallie appeals and argues that the circuit court erred by limiting his cross-examination of Gregory Johnson and by enhancing his sentence.

¶2. Finding no error, we affirm.

FACTS

¶3. Prior to the incident giving rise to Sallie's convictions, Sallie accused Johnson of stealing a bottle of whiskey from him. Johnson testified that Sallie had threatened him twice regarding the whiskey. On November 28, 2011, an unarmed Johnson walked past Sallie's house en route to his own home.[1] According to Johnson, as he walked past Sallie's house, Sallie yelled to him, demanding that Johnson come into his yard. Johnson refused and told Sallie to come into the street so that they could settle the dispute like men. Johnson admitted that he called Sallie a coward and a b****. He testified that Sallie then pulled out a gun and stated, " Naw, you come in my yard." When Johnson turned to walk away, Sallie started shooting at him. Sallie shot Johnson five times, with one bullet hitting Johnson in the spine, paralyzing him from the waist down. In his statement to the police, Sallie claimed that Johnson came into his yard acting like he was drunk and " maybe high." He also stated that Johnson initiated the dialogue and that he was " mumbling" words to Sallie. Sallie added that he " reacted without conscious" and shot Johnson, but that he did not initially intend to get violent with him.

¶4. Johnson admitted that he drank whiskey and smoked marijuana on the day of the incident before the shooting occurred. He denied using cocaine that day, but admitted that he had used cocaine in the past. When defense counsel asked Johnson if the blood test performed at the hospital on the day of the shooting indicated that cocaine was in his system, Johnson replied, " I don't know nothing about that, sir." The State objected to the line of questioning regarding Johnson's alleged cocaine use on the day of the incident, arguing that it was irrelevant to Sallie's guilt or innocence; and even if it were relevant, its probative value was substantially outweighed by the ...


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