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Pryor v. State

Court of Appeals of Mississippi

March 18, 2014

MARVELLE PRYOR A/K/A MARVELLE Q. PRYOR A/K/A MARVELLE QUENTON PRYOR A/K/A MARVEL PRYOR, APPELLANT
v.
STATE OF MISSISSIPPI, APPELLEE

Page 382

COURT FROM WHICH APPEALED: GRENADA COUNTY CIRCUIT COURT. DATE OF JUDGMENT: 01/11/2012. TRIAL JUDGE: HON. JOSEPH H. LOPER JR. TRIAL COURT DISPOSITION: CONVICTED OF POSSESSION OF A FIREARM BY A CONVICTED FELON AND SENTENCED AS A VIOLENT HABITUAL OFFENDER TO LIFE, WITHOUT ELIGIBILITY FOR PAROLE, IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS.

FOR APPELLANT: BERNARD C. JONES JR.

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

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

OPINION

Page 383

NATURE OF THE CASE: CRIMINAL - FELONY

IRVING, P.J.

¶1. On January 11, 2012, a Grenada County jury convicted Marvelle Pryor of possession of a firearm by a convicted felon. The circuit court sentenced Pryor, as a violent habitual offender, to life imprisonment in the custody of the Mississippi Department of Corrections, without eligibility for parole. Pryor filed a motion for a judgment notwithstanding the verdict (JNOV) or, in the alternative, a new trial, which the court denied. Feeling aggrieved, Pryor appeals and argues: (1) the circuit court erred in denying his motion for a JNOV or, in the alternative, a new trial; (2) the circuit court erred in sustaining the State's objection to testimony regarding fingerprints on the subject weapon; (3) his sentence is grossly disproportionate; and (4) the cumulative errors in the case require reversal of his conviction.

¶2. Finding no error, we affirm.

FACTS

¶3. On September 28, 2011, shortly after 10:00 p.m., Lieutenant Carnell Farmer, with the Grenada Police Department, heard gunshots while standing outside of the police station. Lieutenant Farmer called Officers Steven Rosamond, Scott Caulder, and Jeff Wilson to see if they would help him locate the area from which the shots were fired. The officers agreed to assist, and they left the police station in an attempt to find out where the shots came from. While Lieutenant Farmer was traveling on Main Street, he received a call from dispatch saying that the shots were fired " in the area of Jefferson Street and Line Street." Lieutenant Farmer drove to Line Street and began to search near First Baptist Church. While traveling south on Line Street, Lieutenant Farmer received a call from Officer Caulder that Officer Caulder " was going to be out with a subject." As Lieutenant Farmer drove toward Officer Caulder's location, he saw " a young man run across the yard of the church, across the street, across Line Street into the yard." The young man was later captured by other officers and identified as Pryor.

¶4. Officer Caulder testified that he assisted Lieutenant Farmer and other officers in trying to find the source of the shots that night. He stated that as he drove along Main Street near First Baptist Church, he made contact with " a . . . male in a striped shirt." He stopped his patrol car and " asked the gentleman to come over." He asked the man if he had heard the shots and where he was coming from. The man responded that " he was coming from the east side and he had not heard any shots." Officer Caulder asked the man his name, and the man identified himself as Pryor. Officer Caulder asked Pryor to walk to the back of the patrol car with him. According to Officer Caulder, " as he was walking to the back of my patrol unit[,] he took off running east across the front of First Baptist Church in a grass[y] area up to a sidewalk that goes around First Baptist Church." Officer Caulder began to chase Pryor. Officer Caulder testified that during the chase he heard a " loud thud" that sounded " like something solid had hit the pavement in that area." He went to the area of the " thud" and found a pistol--a High Point .45 caliber. Officer Caulder stated that he did not see anyone other than law enforcement officers in the area before or after ...


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