OF JUDGMENT: 07/25/2016
COUNTY CIRCUIT COURT HON. JOHN HUEY EMFINGER JUDGE
ATTORNEY FOR APPELLANT: MATTHEW ALLEN BALDRIDGE
ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY:
JOSEPH SCOTT HEMLEBEN
DISTRICT ATTORNEY: MICHAEL GUEST
GRIFFIS, P.J., BARNES AND FAIR, JJ.
Joshua Magee was convicted of two counts of sexual battery
relating to his then seven-year-old cousin,
Abby. At the time of the offense, Magee was
thirty-three years of age and living in the same household as
the victim. The victim disclosed repeated acts of sexual
abuse after she and Magee were caught together late at night
without explanation. On appeal, Magee raises a number of
evidentiary issues and challenges the weight and sufficiency
of the evidence. We find that none of these contentions have
merit, and we affirm.
Magee's Prior Felony Conviction
Magee testified in his own defense. In his first issue on
appeal, he complains that the trial court erred in permitting
the State to impeach him with his prior felony conviction.
The court limited the impeachment to the fact that Magee was
a previously convicted felon; it did not allow the State to
elicit the specific offense (aggravated assault), though
Magee himself volunteered from the stand that his prior
criminal history was "not dealing with no sexual
From our review of the record, this issue clearly has been
waived. Magee initially moved in limine to exclude any
reference to his prior convictions. The trial court granted
the motion, in part, except to the extent that the prior
convictions might be used for impeachment if Magee testified.
A ruling on that aspect of the motion was deferred. When the
issue came up, after Magee declared his intent to testify in
his own defense, the trial court began to hold a
Peterson hearing to determine whether the
impeachment would be allowed. But shortly after the hearing
began, Magee's attorney interposed that he had no
objection to the impeachment. After the trial court offered
the limitation, the attorney accepted it and reiterated that
he had no objection. "In order to preserve an issue for
appeal, counsel must object. The failure to object acts as a
waiver." Havard v. State, 928 So.2d 771, 791
(¶34) (Miss. 2006).
This issue has been waived.
Ineffective Assistance of Counsel
Next, Magee contends that his trial attorney rendered
constitutionally ineffective assistance of counsel by failing
to request a ...