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Foster v. State

Court of Appeals of Mississippi

May 30, 2017

WILLIAM BRADY FOSTER A/K/A BRADY FOSTER APPELLANT
v.
STATE OF MISSISSIPPI APPELLEE

          DATE OF JUDGMENT: 02/02/2016

         FRANKLIN 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

          BEFORE IRVING, P.J., CARLTON AND WESTBROOKS, JJ.

          WESTBROOKS, J.

         PROCEDURAL HISTORY

         ¶1. 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.

         ¶2. 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 affirm.

         FACTS

         ¶3. 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.

         ¶4. 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.

         ¶5. 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' ...


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