As Corrected January 13, 2015.
COURT FROM WHICH APPEALED: WASHINGTON COUNTY CIRCUIT COURT. DATE OF JUDGMENT: 12/09/2013. TRIAL JUDGE: HON. RICHARD A. SMITH. TRIAL COURT DISPOSITION: CONVICTED OF SHOOTING A FIREARM INTO AN OCCUPIED BUILDING AND SENTENCED TO FIVE YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS, WITH ONE YEAR TO SERVE AND FOUR YEARS OF POST-RELEASE SUPERVISION, AND TO PAY $500 TO THE CRIME VICTIMS' COMPENSATION FUND.
FOR APPELLANT: OFFICE OF STATE PUBLIC DEFENDER, BY: W. DANIEL HINCHCLIFF, GEORGE T. HOLMES.
FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL, BY: STEPHANIE BRELAND WOOD.
BEFORE GRIFFIS, P.J., BARNES AND ISHEE, JJ. LEE, C.J., BARNES, ISHEE, ROBERTS, CARLTON, MAXWELL, FAIR AND JAMES, JJ., CONCUR. IRVING, P.J., DISSENTS WITHOUT SEPARATE WRITTEN OPINION.
NATURE OF THE CASE: CRIMINAL - FELONY
[¶1] Jeremy Edwards was convicted of willfully and feloniously shooting into an occupied building in violation of Mississippi Code Annotated section 97-37-29 (Rev. 2014). The trial court sentenced Edwards to five years, with four years suspended, in the custody of the Mississippi Department of Corrections. Edwards appeals the trial court's denial of his motion for a directed verdict and argues that the evidence at trial was insufficient to sustain a guilty verdict. We find no error and affirm.
FACTS AND PROCEDURAL HISTORY
[¶2] On August 11, 2012, Jimmy Whatley, the owner of K& J Grocery and Grill in Greenville, Mississippi, saw a group of approximately ten men gathered outside of his place of business. Concerned that the presence of the large group would deter customers, he asked the group to leave. All of the men, except for Edwards, dispersed for the night.
[¶3] Whatley reported Edwards came into the store, purchased a cigar, and began cursing and yelling. Edwards shouted at Whatley, asking whether he was talking to Edwards specifically when Whatley asked the men to leave. Whatley replied he aimed his request at all of the men, not just Edwards. Whatley then escorted Edwards out of the establishment.
[¶4] Later in the evening, Whatley went outside of the store just prior to closing. Whatley stated he saw Edwards across the street holding something black in his hands. Moments later, after Whatley went back inside the store, several gunshots rang out. At least one projectile hit the front door of the store, and another possibly struck a vehicle belonging to Whatley.
[¶5] When the police investigated the shooting, Whatley, the only witness, stated he did not see the perpetrator, but told police he believed Edwards was responsible for the shooting. When presented with a lineup, Whatley identified Edwards as the person outside of his store immediately before the shooting. Police, however, did not recover any evidence from ...