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McGlothin v. State

Court of Appeals of Mississippi

August 22, 2017

JAMES CLARENCE MCGLOTHIN A/K/A JAMES MCGLOTHIN A/K/A JAMES C. MCGLOTHIN APPELLANT
v.
STATE OF MISSISSIPPI APPELLEE

          DATE OF JUDGMENT: 08/03/2016

         HARRISON COUNTY CIRCUIT COURT, SECOND JUDICIAL DISTRICT HON. ROGER T. CLARK

          ATTORNEY FOR APPELLANT: OFFICE OF STATE PUBLIC DEFENDER BY: ERIN ELIZABETH BRIGGS

          ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY: SCOTT STUART

          BEFORE GRIFFIS, P.J., WILSON AND WESTBROOKS, JJ.

          GRIFFIS, P.J.

         FOR THE COURT:

         ¶1. 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 conviction.

         FACTS AND PROCEDURAL HISTORY

         ¶2. 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.

         ¶3. 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.

         ¶4. 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 not.

         ¶5. A warrant was issued for McGlothin's arrest. He was arrested three months later.

         ¶6. The handgun found in the home was examined and tested at a forensics lab. It was determined that the firearm worked ...


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