MARCUS ANDREW WALKER A/K/A MARCUS WALKER A/K/A MARCUS A. WALKER APPELLANT
STATE OF MISSISSIPPI APPELLEE
COUNTY CIRCUIT COURT HON. JON MARK WEATHERS JUDGE
ATTORNEY FOR APPELLANT: OFFICE OF STATE PUBLIC DEFENDER BY:
JUSTIN TAYLOR COOK
ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY:
JASON L. DAVIS
DISTRICT ATTORNEY: PATRICIA A. THOMAS BURCHELL
IRVING, P.J., BARNES AND WESTBROOKS, JJ.
Marcus Walker was convicted of felony escape in Forrest
County Circuit Court, and sentenced to five years in the
custody of the Mississippi Department of Corrections (MDOC).
After the circuit court denied his post-trial motion, he
appealed. Finding no error, we affirm the judgment.
AND PROCEDURAL HISTORY
In 2008, Walker was convicted of simple robbery and sentenced
to twenty years in the custody of the MDOC, with fifteen
years suspended and five years of post-release supervision.
In October 2012, Walker was arrested on a misdemeanor charge.
The circuit court entered an order revoking Walker's
probation for the robbery charge on November 1, and he was
ordered to serve five years of his suspended sentence in the
custody of the MDOC. While Walker was being held by the
Forrest County Sheriff's Department, awaiting
transportation to an MDOC facility, he was assigned as a
trustee to the service center utilized by the sheriff's
department for servicing its vehicles. On November 26, 2012,
he escaped from the work detail.
On December 8, 2012, the United States Marshal's Fugitive
Task Force received a tip that Walker was in a motel room in
Hattiesburg, and he was arrested without incident. On
December 10, 2012, MDOC Investigator James Cooksey
interviewed Walker. After being advised of his rights, Walker
signed a waiver and gave a statement, admitting he was
serving a five-year sentence for robbery. Walker said he
walked around the fence in the service center, camped out in
nearby woods, and stayed with relatives until they discovered
he was a fugitive and made him leave. He stayed at a nearby
motel until he was apprehended.
After a jury trial, Walker was convicted of felony escape on
May 12, 2016, and sentenced to five years in MDOC custody,
with the sentence to run consecutively to any other
sentence(s) being served. Walker filed a motion for a
judgment notwithstanding the verdict, which the court denied.
Aggrieved, Walker filed this appeal. Walker is represented by
the Indigent Appeals Division of the Office of State Public
Defender, which has filed a brief with this Court pursuant to
Lindsey v. State, 939 So.2d 743 (Miss. 2005),
stating no arguable issues exist for appeal. Appellate
counsel confirmed that he sent a copy of the brief to Walker,
along with correspondence informing Walker that he found no
arguable issues in the record to raise as error and that
Walker had a right to file a pro se brief to raise any
perceived errors. Walker has submitted a pro se brief,
arguing: (1) the State failed to prove beyond a reasonable
doubt the required elements of felony escape; (2) the jury
should have been instructed on a lesser-included misdemeanor
escape charge; and (3) his indictment was defective as it had
expired under Mississippi Code Annotated section 99-17-1
In Lindsey, the Mississippi Supreme Court set forth
the process to follow when appellate counsel for an indigent
criminal defendant ...