KENNETH RAY AINSWORTH A/K/A KENNETH AINSWORTH A/K/A KENNETH R. AINSWORTH APPELLANT
STATE OF MISSISSIPPI APPELLEE
OF JUDGMENT: 05/04/2016
COUNTY CIRCUIT COURT, SECOND JUDICIAL DISTRICT HON. LISA P.
ATTORNEY FOR APPELLANT: OFFICE OF STATE PUBLIC DEFENDER BY:
W. DANIEL HINCHCLIFF
ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY:
KAYLYN HAVRILLA MCCLINTON
DISTRICT ATTORNEY: JOEL SMITH
LEE, C.J., BARNES AND CARLTON, JJ.
On May 26, 2015, a grand jury indicted Kenneth Ray Ainsworth
for possession of a controlled substance with intent to
distribute in violation of Mississippi Code Annotated section
41-29-139(a)(1) (Rev. 2013). A jury convicted Ainsworth of
the charge on May 4, 2016. Then, on May 11, 2016, the
Harrison County Circuit Court, Second Judicial District,
sentenced Ainsworth as a habitual offender under Mississippi
Code Annotated section 99-19-81 (Rev. 2015), with an enhanced
penalty under Mississippi Code Annotated section 41-29-147
(Rev. 2013). The trial court ordered Ainsworth to serve
twenty years in the custody of the Mississippi Department of
Corrections without the possibility of parole. On June 27,
2016, the trial court denied Ainsworth's motion for a new
trial or an acquittal notwithstanding the verdict. Aggrieved
by his conviction and sentence and the denial of his
posttrial motion, Ainsworth timely appeals.
On appeal, Ainsworth raises the following issues: (1) whether
the trial court erred in issuing a supplemental jury
instruction; (2) whether the trial court erred in instructing
the jury to continue deliberations in light of the jury's
note indicating unanimous agreement as to a lesser-included
charge; and (3) whether his attorney was ineffective for
failing to object to the supplemental jury instruction.
Finding no error, we affirm Ainsworth's conviction and
Due to the nature of the claims Ainsworth raises, the
underlying facts of his indictment for possession of a
controlled substance with intent to distribute are not at
issue in this appeal. Instead, the relevant facts of
Ainsworth's appeal relate to a supplemental jury
instruction the trial court issued in response to a note from
the jury during the jury's deliberations.
Following closing arguments in Ainsworth's trial, the
trial court excused the jury to begin deliberations. Over two
hours later, the trial court ...