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Dillard v. State

Court of Appeals of Mississippi

September 12, 2017

JASPRELL DILLARD APPELLANT
v.
STATE OF MISSISSIPPI APPELLEE

          DATE OF JUDGMENT: 07/21/2016

         COURT FROM WHICH APPEALED: BOLIVAR COUNTY CIRCUIT COURT, SECOND JUDICIAL DISTRICT, HON. ALBERT B. SMITH III, JUDGE

          ATTORNEY FOR APPELLANT: OFFICE OF STATE PUBLIC DEFENDER BY: W. DANIEL HINCHCLIFF

          ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY: BILLY L. GORE

          DISTRICT ATTORNEY: BRENDA FAY MITCHELL

          BEFORE LEE, C.J., ISHEE AND FAIR, JJ.

          LEE, C.J.

         ¶1. Jasprell Dillard was convicted by a jury in the Bolivar County Circuit Court, Second Judicial District, of aggravated assault with a firearm and sentenced to serve fifteen years in the custody of the Mississippi Department of Corrections, with an additional, consecutive five-year sentence for the firearm enhancement, and five years' probation.

         FACTS AND PROCEDURAL HISTORY

         ¶2. On April 12, 2014, a little after midnight, Joshua Hampton was driving slowly down Martin Luther King Drive in Shaw, Mississippi, when he was shot. Hampton was hit in the neck and grazed on his arm. He crashed into a car on the side of the road, and a passerby told him he had been shot and to not move. Hampton told the officers responding to the scene that it was Dillard who had shot him. Hampton was then taken by helicopter to a hospital in Memphis, Tennessee, where he spent at least four months recovering.

         ¶3. Trial took place on June 8, 2016. Hampton testified that earlier that evening, prior to the shooting, he had been with Raneisha Early. Early had a child with Dillard, and Hampton testified that Dillard did not know Early was involved with Hampton. Hampton stated that he was driving his cousin's car that evening, and it had been parked outside of Early's house. Hampton testified that after leaving Early's house, he saw Marchello Gardner and Dillard on the street. Hampton testified that he knew both Gardner and Dillard. Gardner crossed the street, and Dillard remained on the left side of the street, on the driver's side of Hampton's car. Hampton stated that Dillard was standing under a streetlight, and when he turned and looked at Dillard, Dillard started shooting at him.

         ¶4. Investigator Michael Williams with the Bolivar County Sheriff's Department testified that he responded to the scene at the request of the Shaw Police Department. He took numerous photographs that depicted multiple bullet holes in the car. Investigator Williams testified that one of the police officers on the scene had given him Dillard's name as the suspect. Additionally, Investigator Williams testified that he interviewed Hampton at the hospital and that Hampton stated that Dillard had shot him. During trial, Hampton showed the jury scars on his arm and neck from the shooting. Additionally, Hampton identified Dillard in court as the person who had shot him. The jury found Dillard guilty of aggravated assault with a deadly weapon, a firearm. Dillard now appeals, and his appellate counsel has filed a brief pursuant to Lindsey v. State, 939 So.2d 743 (Miss. 2005).

         DISCUSSION

         ¶5. On appeal, where the appellant's counsel does not find any arguable issues for review, the ...


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