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Brown v. State

Court of Appeals of Mississippi

June 16, 2015

CEDRIC BROWN A/K/A CEDRICK BROWN, APPELLANT
v.
STATE OF MISSISSIPPI, APPELLEE

COURT FROM WHICH APPEALED: BOLIVAR COUNTY CIRCUIT COURT. DATE OF JUDGMENT: 01/13/2014. TRIAL JUDGE: HON. ALBERT B. SMITH III. DISTRICT ATTORNEY: BRENDA FAY MITCHELL. TRIAL COURT DISPOSITION: CONVICTED OF COUNT I, BURGLARY OF A DWELLING, AND COUNT II, SIMPLE DOMESTIC VIOLENCE, AND SENTENCED ON COUNT I TO FIFTEEN YEARS, FOLLOWED BY FIVE YEARS OF POST-RELEASE SUPERVISION, AND SENTENCED ON COUNT II TO SIX MONTHS, WITH THE SENTENCES TO RUN CONCURRENTLY, AND ORDERED TO PAY A $500 FINE ON COUNT II.

FOR APPELLANT: OFFICE OF STATE PUBLIC DEFENDER, BY: JUSTIN TAYLOR COOK.

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

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

OPINION

Page 566

NATURE OF THE CASE: CRIMINAL - FELONY

ROBERTS, J.

[¶1] Following a jury trial in the Bolivar County Circuit Court, Cedric Brown, aka Cedrick Brown, was convicted of one count of burglary of a dwelling and one count of simple domestic violence. On appeal, Brown's counsel filed a Lindsey brief, submitting that he could not find any appealable issues.[1] After our review of the record, we find that there is no reversible error; however, we do find clerical errors related to Brown's sentence. We affirm Brown's conviction, and we remand for the circuit court to correct these clerical errors.

FACTS AND PROCEDURAL HISTORY

[¶2] On September 25, 2012, a grand jury indicted Brown on one count of burglary with the intent to commit the crime of assault, and one count of simple domestic violence. The incident serving as the basis for the indictment was that at approximately 2:30 a.m. on January 7, 2012, Brown kicked in the door of a former girlfriend's apartment to retrieve his clothes. Brown then struck her in the face, bloodying her nose and causing swelling. Brown elected to go to trial, which began on November 18, 2013, and ended the following day. The jury convicted Brown as he was charged in his indictment, and he was sentenced on January 13, 2014, to serve fifteen years in the custody of the Mississippi Department of Corrections (MDOC) and five years of post-release supervision, on the burglary conviction. He was also sentenced to six months in the custody of the MDOC on the simple-domestic-violence conviction, which would run concurrently to his fifteen-year sentence. Brown was ordered to pay a $500 fine.

[¶3] Brown filed post-trial motions, which the circuit court denied on January 28, 2014. Brown now appeals. Brown's counsel has submitted a Lindsey brief explaining that he could not identify any appealable issues.

ANALYSIS

[¶4] In Lindsey v. State, 939 So.2d 743, 748 (¶ 18) (Miss. 2005), the Mississippi Supreme Court provided the " procedure to govern cases where appellate counsel represents an indigent criminal defendant and does not believe his . . . client's case presents any arguable issues on appeal[.]" First, appellate counsel " must file and serve a brief in compliance with Mississippi Rule of Appellate ...


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