OF JUDGMENT: 02/02/2016
COUNTY CIRCUIT COURT HON. FORREST A. JOHNSON JR., Judge
ATTORNEY FOR APPELLANT: OFFICE OF STATE PUBLIC DEFENDER BY:
JUSTIN TAYLOR COOK
ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY:
LISA L. BLOUNT
DISTRICT ATTORNEY: RONNIE LEE HARPER
IRVING, P.J., CARLTON AND WESTBROOKS, JJ.
William Brady Foster was indicted in the Circuit Court of
Franklin County on one count of burglary of a dwelling and
one count of being a felon in possession of a firearm. After
a jury trial, Foster was acquitted of burglary in Count I,
but convicted of being a felon in possession of a firearm in
Count II. Foster was sentenced as a habitual offender to ten
years in the custody of the Mississippi Department of
Corrections, without eligibility for reduction, suspension,
parole, or probation. Foster was also ordered to pay all
court costs and fees, including a $200 prosecution fee.
Foster filed a posttrial motion for a judgment
notwithstanding the verdict (JNOV) or, in the alternative,
for a new trial. The trial court denied his motion, and
Foster timely appealed. After review of the record, we
On September 17, 2015, Lance Moak noticed his
air-conditioning unit had been removed from his bedroom
window, and the television set in his bedroom was missing.
Upon further inspection, Moak noticed the back door of his
house ajar. His rifle and sawed-off shotgun were missing. The
cabinets where he kept his ammunition were ajar, and a drawer
in another room appeared to have been rummaged through. Moak
noticed a television missing from another room in his home.
Moak called the Franklin County Sheriff's Department.
At that time, David Blackwell was an investigator with the
Franklin County Sheriff's Department. As part of the
investigation, Blackwell testified he went to the home of
Josh and Jake Smith based on a call he received from the
Lincoln County jail regarding the burglary of Moak's
home. Josh and Jake were in the custody of the Lincoln County
jail during that time and spoke with Blackwell regarding
Foster and the burglary. Blackwell testified that he
discovered Moak's stolen property in an abandoned house
next door to the Smiths' residence. At that time, Foster
was staying with Josh, Jake, and their mother, Janet Smith.
Blackwell searched the trailer and observed a sawed-off
shotgun hanging over the top of the bed in a back room.
Blackwell also learned that Foster, a convicted felon, stayed
in the back room with his girlfriend, Lakeisha Rollins, when
he slept there.
Josh and Rollins testified that Foster had a shotgun in his
possession when he picked up Rollins one day in a white
pickup truck that Foster had borrowed from his father.
However, Foster testified he never had a sawed-off shotgun,
because he was not allowed to have a gun. Foster also
testified he knew of guns being in the Smiths' ...