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Williams v. State

Court of Appeals of Mississippi

January 30, 2018

KACY WILLIAMS APPELLANT
v.
STATE OF MISSISSIPPI APPELLEE

          DATE OF JUDGMENT: 10/11/2016

         LEFLORE COUNTY CIRCUIT COURT HON. MARGARET CAREY-MCCRAY TRIAL JUDGE

          ATTORNEY FOR APPELLANT: OFFICE OF STATE PUBLIC DEFENDER BY: BENJAMIN ALLEN SUBER

          ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY: ALICIA MARIE AINSWORTH

          DISTRICT ATTORNEY: WILLIE DEWAYNE RICHARDSON

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

          LEE, C. JUDGE.

         PROCEDURAL HISTORY

         ¶1. After a bench trial in the Leflore County Circuit Court, Kacy Williams was convicted of possession of a firearm by a convicted felon. Williams was sentenced as a habitual offender under Mississippi Code Annotated section 99-19-83 (Rev. 2015) to life without parole. Williams filed posttrial motions, which the trial court denied.

         ¶2. Williams now appeals. He is represented by the Office of State Public Defender. His appellate attorney raised two issues on appeal: (1) Williams's sentence is disproportionate to the crime, and (2) the evidence was insufficient to support the guilty verdict. Williams also filed a pro se brief, raising additional issues on appeal: (3) defective indictment; (4) the trial court erred by granting the State's motion to amend the indictment; (5) the State failed to disclose a witness; and (6) ineffective assistance of counsel. Finding no error, we affirm.

         FACTS

         ¶3. On December 17, 2014, officers from the Greenwood Police Department were dispatched to the scene of a reported shooting near McLaurin Street and Avenue F in Greenwood, Mississippi. At the scene of the shooting, officers secured the area, noting several spent shell casings, a bicycle, and bullet holes in nearby vehicles. The victim, Alfonzo Hemphill, had already been transported to the local hospital. When interviewed by the police, Alfonzo told officers that Williams had shot him twice in the stomach.

         ¶4. Williams and Alfonzo's sister, Diane Hemphill, had been in a relationship and had a son together. Their relationship deteriorated such that Diane, fearing for herself and her son, obtained a domestic-violence protection order on December 10, 2014.[1] This order, which was still in effect at the time of the shooting, prohibited Williams from contacting Diane, her child with Williams, her other two children, and Alfonzo. Alfonzo and Diane each testified that Williams had threatened them on different occasions with violence. Diane testified that Williams told her he would "blow her brains out." Alfonzo testified that Williams had threatened to shoot him.

         ¶5. Alfonzo stated that on the day of the shooting, he was waiting outside a local store when he saw Williams and Williams's father drive past in a truck. Due to Williams's recent threats, Alfonzo retrieved his gun from his car. Williams came back a few minutes later, riding a bicycle. Alfonzo testified that Williams brandished a gun and then shot him twice, stating, "I told you I was going to get you." Alfonzo fired back, but did not hit Williams. Williams then fled the scene, leaving the bicycle behind. Williams was arrested months ...


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