JAMES CLARENCE MCGLOTHIN A/K/A JAMES MCGLOTHIN A/K/A JAMES C. MCGLOTHIN APPELLANT
STATE OF MISSISSIPPI APPELLEE
OF JUDGMENT: 08/03/2016
COUNTY CIRCUIT COURT, SECOND JUDICIAL DISTRICT HON. ROGER T.
ATTORNEY FOR APPELLANT: OFFICE OF STATE PUBLIC DEFENDER BY:
ERIN ELIZABETH BRIGGS
ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY:
GRIFFIS, P.J., WILSON AND WESTBROOKS, JJ.
James Clarence McGlothin was convicted of unlawful possession
of a firearm by a convicted felon, in violation of
Mississippi Code Annotated section 97-37-5 (Rev. 2014).
Finding reversible error, we reverse and render the
AND PROCEDURAL HISTORY
In May 2014, McGlothin was under surveillance by the Coastal
Narcotics Enforcement Team. McGlothin met with a criminal
informant. Thereafter, a search warrant was issued for the
home where the meeting took place. Upon execution of the
warrant, members of the narcotics team entered the home and
found no one there.
Inside they found that the home contained two bedrooms. There
was women's clothing in one bedroom. In the other
bedroom, the agents found a man's wallet on a dresser.
The wallet contained McGlothin's identification card,
social-security card, bank card, and several casino
player's cards. There were receipts in McGlothin's
name inside a dresser drawer. They also found a loaded Titan
.25 semiautomatic handgun inside the pocket of a man's
jacket that was hanging inside the closet.
During the search, a woman arrived at the home. She
identified herself as the homeowner and McGlothin's
grandmother. She informed the agents that her granddaughter,
McGlothin's sister, lived in the home. The woman
contacted McGlothin via cell phone and placed him on the line
with an agent. McGlothin informed the agent that he would
arrive at the home within ten to fifteen minutes, but he did
A warrant was issued for McGlothin's arrest. He was
arrested three months later.
The handgun found in the home was examined and tested at a
forensics lab. It was determined that the firearm worked