OF JUDGMENT: 08/27/2015
COUNTY CIRCUIT COURT, FIRST JUDICIAL DISTRICT, HON. LAWRENCE
PAUL BOURGEOIS JR.
ATTORNEY FOR APPELLANT: OFFICE OF STATE PUBLIC DEFENDER BY:
ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY:
ABBIE EASON KOONCE.
FAIR, P.J., WILSON AND GREENLEE, JJ.
Andrew Acie Adams was spotted driving in Gulfport while there
was a warrant out for his arrest. After pulling Adams over,
the officers noticed a loaded magazine in the driver's
side door. Adams's wife, who was in the passenger's
seat, was found to have been sitting on a pistol, and a
search of the vehicle's trunk revealed a .22-caliber
rifle. Adams confessed to owning the rifle, but he claimed to
know nothing of the pistol.
Adams was tried on two counts of possession of a weapon by a
convicted felon. After the State presented its case, the
trial court directed a verdict of acquittal for possession of
the pistol. Adams testified in his own defense that he had
lied about his owning the rifle in order to protect his wife.
The jury convicted him anyway, and he appeals. We find no error
Suppression of Confession
In his first issue on appeal, Adams contends that the
Harrison County Circuit Court erred in not suppressing his
confession. Adams alleges that the confession was induced by
an officer falsely stating during the arrest that Adams's
wife was a convicted felon who could not legally possess the
rifle, so Adams claimed ownership of it to protect his wife.
It is apparent that this claim is procedurally barred because
it was not raised in the trial court. Adams presented
numerous pretrial motions, but none of them challenged the
voluntariness of his confession. Instead, Adams sought to
have parts of the arrest and interview recordings redacted to
prevent the jury from being exposed to various prejudicial
statements, relief that he was largely granted. While the
trial judge did observe that Adams's confession was
voluntary, the failure to make this argument and present any
evidence in support procedurally bars this issue on
appeal. See, e.g., Williams v. State, 994 So.2d 821,
828 (¶24) (Miss. Ct. App. 2008).
Moreover, this claim appears to have no evidentiary support
in the record. Adams did testify (in his own defense, at
trial) that he had falsely claimed to have owned the rifle to
prevent his wife from being arrested. But on
cross-examination, Adams admitted he knew his wife was not a
convicted felon. He claimed instead that he was worried she
would be arrested for possession of a stolen firearm since
she had previously been arrested for that offense, though not
convicted. Adams said he was afraid the rifle was ...