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In re J.M.S.

Court of Appeals of Mississippi

June 24, 2014

IN THE INTEREST OF J.M.S., A MINOR

COURT FROM WHICH APPEALED: DESOTO COUNTY YOUTH COURT. DATE OF JUDGMENT: 05/09/2013. TRIAL JUDGE: HON. CELESTE EMBREY WILSON. TRIAL COURT CONVICTED OF SIMPLE ASSAULT AND SENTENCED TO ONE DAY IN THE DESOTO COUNTY JUVENILE DETENTION FACILITY, WITH TEN MONTHS OF SUPERVISED PROBATION, AND FINED $387.76.

DISPOSITION: AFFIRMED.

FOR APPELLANT: OFFICE OF STATE PUBLIC DEFENDER, BY: W. DANIEL HINCHCLIFF.

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

OPINION

NATURE OF THE CASE: CIVIL - JUVENILE JUSTICE

LEE, C.J.

¶1. J.M.S.[1] was convicted of simple assault and was sentenced to one day in the DeSoto County Juvenile Detention Facility, restitution of $387.76, and ten months of supervised probation, during which time she was required to complete an anger-management course. Also, J.M.S.'s mother was ordered to pay a fine of $100. The disposition was stayed pending a final ruling on appeal.

¶2. J.M.S. is represented by the Indigent Appeals Division of the Office of the State Public Defender. J.M.S.'s appellate counsel filed a brief with this Court pursuant to Lindsey v. State, 939 So.2d 743 (Miss. 2005), stating no arguable issues existed for appeal. J.M.S.'s appellate counsel also confirmed that he sent a copy of his brief to J.M.S., along with correspondence informing J.M.S. that he found no arguable issues in the record to raise as error, and that J.M.S. had a right to file a pro se brief to raise any perceived errors. Upon review, we find no error and affirm.

FACTS

¶3. J.M.S. and A.W., both minors, were involved in an altercation on a school bus leaving Center Hill High School. A.W. testified that J.M.S. asked her to move her things. J.M.S. then hit her several times, which " busted" her lip. J.M.S. testified that A.W. had called her several racial slurs before she hit A.W. several times. J.M.S. also testified that A.W. had previously mocked her and tripped her on the

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bus a week prior to the incident. A.W. stated that she did not intend to trip J.M.S.

¶4. Although the incident was witnessed by several people, no witness testified that he heard A.W. use any racially pejorative language. The DeSoto County Youth Court found that the simple assault was uncontested and ...


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