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Pierce v. State

Court of Appeals of Mississippi

March 18, 2014

RICKY SHANNON PIERCE A/K/A SHANNON PIERCE A/K/A RICKY PIERCE, APPELLANT
v.
STATE OF MISSISSIPPI, APPELLEE

COURT FROM WHICH APPEALED: COAHOMA COUNTY CIRCUIT COURT. DATE OF JUDGMENT: 08/07/2012. TRIAL JUDGE: HON. CHARLES E. WEBSTER. TRIAL COURT CONVICTED OF SEXUAL BATTERY AND SENTENCED, AS A HABITUAL OFFENDER, TO THIRTY YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS, WITHOUT ELIGIBILITY FOR PAROLE OR PROBATION.

FOR APPELLANT: HARVEY CURTIS CROWLEY.

FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL, BY: JEFFREY A. KLINGFUSS.

BEFORE IRVING, P.J., ROBERTS AND JAMES, JJ. LEE, C.J., GRIFFIS, P.J., BARNES, ISHEE, ROBERTS, CARLTON, MAXWELL, FAIR AND JAMES, JJ., CONCUR.

OPINION

Page 207

NATURE OF THE CASE: CRIMINAL - FELONY

IRVING, P.J.

¶1. A Coahoma County jury convicted Ricky Shannon Pierce of sexual battery. The circuit court sentenced Pierce, as a habitual offender, to thirty years in the custody of the Mississippi Department of Corrections, without eligibility for parole or probation. Pierce filed a motion for a judgment notwithstanding the verdict or, in the alternative, a new trial, which the circuit court denied. Feeling aggrieved, Pierce appeals and argues that the evidence is insufficient to sustain his sexual-battery conviction. We disagree; therefore, we affirm.

FACTS

¶2. Pierce and H.H.[1] had communicated over the phone multiple times prior to the day of the incident giving rise to Pierce's conviction. On the day of the incident, H.H. called Pierce, and Pierce asked if he could come to H.H.'s house to visit him. H.H. agreed, and told Pierce where he and his parents lived. Around midnight, Pierce located H.H.'s home and parked across the street from the house. Pierce told H.H. to come outside and to go around to the back of the house, which H.H. did. When H.H. met Pierce at the back of the house, Pierce began kissing him in the mouth. H.H. told Pierce that he was scared. Pierce then pulled down H.H.'s pants and licked his penis. H.H. told Pierce to stop and pulled his pants back up. Pierce then licked H.H.'s naval, grabbed H.H.'s foot, put it in his mouth, and tried to bite it.

¶3. Following the incident, Pierce started texting and calling H.H. Initially, H.H. did not respond to Pierce's texts and phone calls. However, H.H. eventually talked to Pierce, who told him not to tell his parents about what happened. But H.H. had already done so, as he told his parents on the morning after the incident what had happened with Pierce.

¶4. During the trial, the prosecutor asked H.H. if he gave Pierce permission to kiss him or suck on his private parts, and H.H. responded that he did not. H.H. further testified that he was " telling [Pierce] to stop" throughout the incident.

Page 208

¶5. Officer Romeisha Moore, with the Clarksdale Police Department, testified that on the night of the incident, she received a call around midnight about a suspicious vehicle parked on the street where H.H. lived. She stated that she was about to have the vehicle towed when Pierce, who had been sitting out on a nearby lawn with another male, walked from across the street to her vehicle. Officer Moore noted that when Pierce approached her, he seemed nervous and was sweating ...


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