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Cox v. State

Supreme Court of Mississippi

January 16, 2014

EDWARD COX
v.
STATE OF MISSISSIPPI

COURT fro WHICH APPEALED: CLAY COUNTY CIRCUIT COURT. DATE OF JUDGMENT: 07/18/2012. TRIAL JUDGE: HON. JAMES T. KITCHENS, JR.

FOR APPELLANT: RICHARD SHANE McLAUGHLIN, NICOLE H. McLAUGHLIN, JIM WAIDE, RACHEL PIERCE WAIDE.

FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL, BY: BILLY L. GORE.

BEFORE RANDOLPH, P.J., KING AND COLEMAN, JJ. WALLER, C.J., DICKINSON, P.J., LAMAR, KITCHENS, PIERCE, KING AND COLEMAN, JJ., CONCUR. CHANDLER, J., NOT PARTICIPATING.

OPINION

Page 713

NATURE OF THE CASE: CIVIL - OTHER

RANDOLPH, PRESIDING JUSTICE

¶1 Edward Cox appeals the Clay County Circuit Court's denial of his motion to dismiss a three-count indictment, which charged Cox with three counts of aggravated assault under Section 97-3-7 of the Mississippi Code. The issue before this Court is whether the justice court's act of revoking Cox's suspended sentence for a prior misdemeanor assault and sentencing him to a six-month sentence bars the State from prosecuting Cox's subsequent felony assaults. We hold that Cox's double-jeopardy claim applies only to his original charge, conviction, and sentence, but not his subsequent criminal actions. Therefore, we affirm the trial court.

FACTUAL BACKGROUND

¶2 On three separate occasions, July 23, August 24, and August 30, 2010, Edward Cox assaulted Joshlyn Blair, his wife. On August 20, 2010, Cox pleaded guilty to

Page 714

misdemeanor domestic violence for the July 23, 2010, assault. The Justice Court of Clay County sentenced Cox to three months supervised probation and a three-month suspended sentence and ordered Cox to complete an anger management program.

¶3 Four days after the sentencing, on August 24, 2010, Cox again assaulted Blair. On August 30, 2010, Cox assaulted Blair for the third time, along with their son, Jamarkuz Cox and Blair's sister, Cheryl Jackson. During the latter attack, Cox not only cut Blair's neck with a knife, he stabbed her multiple times in the torso. Cox also cut Jamarkuz on the arm and stabbed him in the elbow. Cox ended his multiple assaults by cutting Cheryl's neck.

¶4 On September 17, 2010, the Clay County Justice Court entered a Temporary Order for Protection from Domestic Abuse and revoked Cox's three-month suspended sentence, sentencing him to six months in jail for violating his probation order for the July 23, 2010, misdemeanor. On February 4, 2011, the Clay County Justice Court separately found Cox guilty of domestic violence for the August 24 assault, and sentenced him to twelve months. Cox appealed the ...


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