JAMES MARCO FERGUSON a/k/a JAMES FERGUSON a/k/a JAMES M. FERGUSON
STATE OF MISSISSIPPI
DATE OF JUDGMENT: 08/09/2012
HARRISON COUNTY CIRCUIT COURT HON. JOHN C. GARGIULO
ATTORNEYS FOR APPELLANT: OFFICE OF STATE PUBLIC DEFENDER BY: BENJAMIN ALLEN SUBER GEORGE T. HOLMES
ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY: SCOTT STUART
DISTRICT ATTORNEY: JOEL SMITH
BEFORE DICKINSON, P.J., LAMAR AND CHANDLER, JJ.
DICKINSON, PRESIDING JUSTICE
¶1. In this aggravated-assault conviction, James Marco Ferguson challenges the sufficiency of the State's evidence that he used a knife during the assault, the trial court's denial of a proposed jury instruction on his competence to testify, and the trial court's refusal to admit evidence of the victim's drug use. Ferguson also raises ineffective assistance of counsel. Finding no error, we affirm.
FACTS AND PROCEDURAL HISTORY
¶2. Katrina Barnes and Ferguson met in October 2010 and became friends. On March 22, 2011, Ferguson took Barnes and her son Jacob to McDonald's, where Ferguson gave Barnes twenty dollars to pay for food, telling her to keep the change of approximately three dollars. Ferguson then took Barnes and Jacob home, informing them that he had to leave but would return shortly, which he did some time before 9:00 p.m.
¶3. Around midnight, as Barnes and Ferguson watched televison, the doorbell rang. Ferguson refused to let Barnes answer the door, and then accused her of stealing his money and pushed her into a walk-in closet, demanding that she give him back his money. Ferguson then stabbed her in the head and face three times before the knife finally broke and fell to the floor. Ferguson hit Barnes in the head with her radio, then her blow dryer, and then her curling iron—all of which broke from impact.
¶4. Although Ferguson did not deny that he assaulted Barnes that night, he did deny that he stabbed her with a knife or that he hit her with any of the aforementioned objects. He admitted punching Barnes in the face with his fist, and he claimed the lacerations resulted from her broken glasses. Barnes testified that she lost consciousness during the attack. Her son found her the next morning and phoned the police.
¶5. The grand jury indicted Ferguson for aggravated assault, and the jury found him guilty. Ferguson, through appellate counsel, raises the following issues: (1) that the trial court erred in denying Ferguson's motions for directed verdict and judgment notwithstanding the verdict; (2) that the trial court erred in refusing to grant one of his proposed jury instructions; and (3) that the trial court erred by refusing to admit into evidence drug paraphernalia found in Barnes's apartment. Ferguson also has filed a pro se supplemental brief, alleging ineffective assistance of counsel.
The trial court did not err by denying Ferguson's motions for a directed ...