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Moise v. State

Court of Appeals of Mississippi

March 24, 2015

RICHARD MOISE, APPELLANT
v.
STATE OF MISSISSIPPI, APPELLEE

Page 1206

COURT FROM WHICH APPEALED: LEE COUNTY CIRCUIT COURT. DATE OF JUDGMENT: 08/23/2013. TRIAL JUDGE: HON. JAMES LAMAR ROBERTS JR. TRIAL COURT DISPOSITION: CONVICTED OF AGGRAVATED ASSAULT AND SENTENCED TO TWENTY YEARS, WITH SIXTEEN YEARS SUSPENDED AND FOUR YEARS TO SERVE, AND WITH FIVE YEARS OF POST-RELEASE SUPERVISION, ALL IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS, AND TO PAY A $1,000 FINE, $10,000 IN RESTITUTION, AND $100 TO THE MISSISSIPPI CRIME VICTIMS' COMPENSATION FUND.

FOR APPELLANT: PAUL ALVIN CHINICHE.

FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL, BY: SCOTT STUART.

BEFORE LEE, C.J., ISHEE AND FAIR, JJ. LEE, C.J., IRVING AND GRIFFIS, P.JJ., ROBERTS, CARLTON, MAXWELL, FAIR AND JAMES, JJ., CONCUR. BARNES, J., CONCURS IN PART AND IN THE RESULT WITHOUT SEPARATE WRITTEN OPINION.

OPINION

Page 1207

NATURE OF THE CASE: CRIMINAL - FELONY

ISHEE, J.

¶1. In the early morning hours of January 1, 2013, it was alleged that Richard Moise assaulted Kirk Boyd. In August 2013, after a two-day trial, a jury in the Circuit Court of Lee County found Moise guilty of aggravated assault. He was sentenced to a term of twenty years in the custody of the Mississippi Department of Corrections (MDOC), with four years to serve, sixteen suspended, and five years of post-release supervision. Aggrieved, Moise filed the instant appeal. Finding no error, we affirm.

STATEMENT OF THE FACTS

¶2. On December 31, 2012, Brent McMillin, Kerri McMillin, Sandy Moise, Kirk Boyd, and Charlie Knight celebrated New Year's Eve together at a Chili's restaurant in Tupelo, Mississippi. At approximately 12:30 a.m. on New Year's Day, the group went to Brent and Kerri McMillin's house in the town of Verona in Lee County, Mississippi. Around 1:00 a.m., Knight left the McMillins' house, and Brent and Kerri went to bed. Brent gave Boyd a pillow and blanket, and he went to sleep on the couch in the McMillins' living room. As everyone else was retiring for the night, Sandy was outside of the house calling and texting her husband, Moise, from whom she had recently separated. Moise was in Marion, Arkansas, and Sandy asked him to come pick her up. He agreed, and he arrived at the McMillins' home at approximately 2:00 or 2:30 in the morning.

¶3. At trial, Brent testified that he woke up to a loud noise coming from the living room. Brent said he walked down the hall and found Boyd lying face down on an ottoman, with blood everywhere. When Brent looked out the door, he saw Sandy standing in the carport, facing the front yard. He then saw Moise come into the carport light from the darkness with his head down. When he looked up, his face was red, and he had an angry scowl on his face. Moise grabbed Sandy and took her to his car. Brent then said that he saw the brake lights of Moise's car as he drove down the driveway.

¶4. Kerri and Sandy, who have been best friends for eight years, also testified at trial. They both testified that Moise was extremely jealous and controlling during his and Sandy's marriage. Sandy said that when she saw him at the McMillins' house, she could tell he was upset by the way he was " red-faced" and the fact that " he was trembling." Sandy testified that Moise grabbed her so roughly by her arm that he broke one of her fingernails and left a bruise. He walked her around the car, and they got in and left. She said that approximately thirty to forty-five minutes later, she received a text from Kerri saying that Boyd " had been beat up," and the text included a picture of a Boyd's " disfigured and bloody" face. Sandy testified that knowing Moise's temper, she believed he had done it.

¶5. The State of Mississippi contends that Moise walked into the McMillins' house and assaulted Boyd while he was asleep on the sofa. Kerri testified that Moise had the motive to beat up Boyd. She stated that throughout his and Sandy's marriage, Moise had been very jealous and controlling. Kerri said that when Moise heard that Boyd had been with the group, Moise assumed Sandy and Boyd were together. Moise, on the other hand, contends that he neither assaulted Boyd nor entered the McMillins' home. To the contrary, Moise argues that it was possible

Page 1208

that Sandy attacked Boyd in an act of ...


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