COURT FROM WHICH APPEALED: QUITMAN COUNTY CIRCUIT COURT. DATE OF JUDGMENT: 03/14/2013. TRIAL JUDGE: HON. CHARLES E. WEBSTER. TRIAL COURT CONVICTED OF SEXUAL BATTERY AND SENTENCED TO THIRTY YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS.
FOR APPELLANT: OFFICE OF STATE PUBLIC DEFENDER, BY: GEORGE T. HOLMES, ERIN ELIZABETH PRIDGEN.
FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL, BY: MELANIE DOTSON THOMAS.
BEFORE GRIFFIS, P.J., BARNES AND JAMES, JJ. LEE, C.J., IRVING, P.J., BARNES, ISHEE, ROBERTS, MAXWELL, FAIR AND JAMES, JJ., CONCUR. CARLTON, J., CONCURS IN RESULT ONLY.
NATURE OF THE CASE: CRIMINAL - FELONY
¶1. Sedrick Joiner appeals his sexual-battery conviction. He argues that the verdict was against the overwhelming weight of the evidence. We find no error and affirm.
¶2. On July 30, 2011, eleven-year-old Lucy visited her grandmother, Ellie, in Marks, Mississippi. Lucy's nine-year-old cousin, Tammy, was also present. Ellie is Tammy's aunt.
¶3. While at Ellie's house, Lucy and Joiner spoke on the phone and arranged to meet at the railroad tracks. Joiner is Lucy's cousin and Tammy's uncle. Lucy and Tammy went for a walk and met Joiner. They got into Joiner's car.
¶4. Lucy and Tammy both testified to several facts. Joiner picked them up at the railroad tracks. Tammy got in the front passenger seat, and Lucy got in the back seat. Joiner drove them to a nearby wooded area. Joiner then got in the back seat with Lucy, and they had sex. Afterward, Joiner got back in the driver's seat. Tammy got in the back seat, and Lucy got in the front passenger seat. Joiner dropped them back off at the railroad tracks. Lucy and Tammy walked back to Ellie's house. They did not discuss what had just happened.
¶5. Their testimony differs on other facts. Lucy testified that Joiner called her at Ellie's house and told her to meet him at the railroad tracks. Lucy testified that Joiner drove a red two-door car. Joiner got in the back seat with Lucy, and he pulled her boxers and panties down. He unzipped his pants and stuck his penis inside of her. She testified that this hurt her. She also testified that Joiner ...