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McNair v. State

Court of Appeals of Mississippi

March 25, 2014

RUMOND RASHAD MCNAIR A/K/A RUMOND MCNAIR A/K/A RUMOND R. MCNAIR, APPELLANT
v.
STATE OF MISSISSIPPI, APPELLEE

COURT FROM WHICH APPEALED: RANKIN COUNTY CIRCUIT COURT. DATE OF JUDGMENT: 01/26/2012. TRIAL JUDGE: HON. JOHN HUEY EMFINGER. TRIAL COURT CONVICTED OF RAPE AND SENTENCED TO THIRTY-FIVE YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS, WITH TEN YEARS SUSPENDED, FOLLOWED BY FIVE YEARS OF SUPERVISED PROBATION.

DISPOSITION: AFFIRMED.

FOR APPELLANT: CLARENCE TERRELL GUTHRIE III.

FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL, BY: LAURA HOGAN TEDDER.

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

OPINION

Page 846

NATURE OF THE CASE: CRIMINAL - FELONY

JAMES, J.

¶1. Rumond McNair was found guilty of forcible rape, and sentenced to thirty-five years of incarceration. McNair filed a pretrial motion to offer additional evidence, and the trial court denied his motion. McNair now appeals raising the following issues: (1) whether the trial court erred in prohibiting McNair from entering additional evidence; (2) whether McNair had ineffective assistance of counsel; and (3) whether the evidence presented at trial was insufficient to convict McNair beyond a reasonable doubt. We find the issues raised to be without merit, and affirm.

FACTS

¶2. On February 20, 2011, Lena Johnson [1] left her home on foot to visit a neighbor, Jack Herd. Lena passed through the grounds of the local school on the way to Herd's house. After she reached Herd's back door, she heard McNair calling out to her saying that she dropped something in the backyard. After she told her friend Mandi that she was going to look for the item she dropped, she followed McNair back to the schoolyard. She asked McNair where she dropped the item. She looked for the item for a short time and decided to look for it the next morning. As she was leaving, McNair grabbed her wrist and put a gun to her neck. He told her, " Bitch you're going to give it up." McNair took off Lena's shoes, and Lena took off her jeans and panties. McNair then forced Lena to have sexual intercourse with him.

¶3. Lena went back to Jack's house partially dressed. Lena told her friend Mandi what happened with McNair, whom she recognized by his street name, " Mon." Lena also told her daughter what happened with McNair. Lena initially did not go to the police or hospital. Four days later Lena spoke with the police. Pictures were taken of bruises on Lena's arms and legs.

¶4. An arrest warrant was issued for McNair, and he was taken into custody on February 28, 2011. Once in custody, McNair stated that on February 20, 2011, at 7 p.m. he was at his grandmother's house. The police informed McNair that there were witnesses that placed him at Herd's house at the time of the incident. McNair then admitted to having sex with Lena. McNair told ...


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