EARNEST BELL A/K/A ERNEST BELL A/K/A EARNEST BELL, JR. APPELLANT
STATE OF MISSISSIPPI APPELLEE
OF JUDGMENT: 10/12/2016
COUNTY CIRCUIT COURT HON. JOSEPH H. LOPER JR. 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: DOUG EVANS
GRIFFIS, P.J., WESTBROOKS AND TINDELL, JJ.
Ernest Bell was convicted of attempted felony motor-vehicle
theft. Bell has appealed, and his counsel has filed a brief
pursuant to Lindsey v. State, 939 So.2d 743 (Miss.
2005). His counsel states he has searched the record but was
unable to find any arguable issues for appellate review. Bell
was given the opportunity to, but did not, file a pro se
brief. We find no error and affirm.
AND PROCEDURAL HISTORY
Otis Davis owned a red 1998 Pontiac Grand Prix, which he
purchased for $1, 500. On the morning of July 21, 2015, Otis
locked and parked the vehicle on the side of Thompson Road
near his job site. That afternoon, Oeisha Davis, Otis's
daughter, was driving on Highway 82, crossing over onto
Thompson Road, when she saw a black vehicle parked near her
father's Grand Prix. As she approached, Oeisha saw a man
emerge from the driver's side of Otis's car. When she
asked what he was doing, the man responded, "Mike sent
me." At that point, Oeisha's mother, Mary Turner,
pulled up to the scene. When Mary arrived, Oeshia saw the
passenger-side door of Otis's car open and a "taller
guy" emerge from the Grand Prix. Both men subsequently
drove off in the black vehicle.
Oeisha called the police. She gave a description and the
license-plate number of the vehicle, as well as the direction
the vehicle was headed. When Oeisha looked into the Grand
Prix, she saw an object, later identified as a hammer, on the
passenger-side floor. She also noticed damage to the steering
Mary lives on Thompson Road. She was headed towards Highway
82 when she saw her daughter stopped on the side of the road
near Otis's car. When Mary approached the Grand Prix, she
saw a man exit the driver's side of Otis's vehicle
and another man exit the passenger side. According to Mary,
the man who exited the passenger side yelled, "let's
go, " and the two men left the scene in a black vehicle.
Mary testified that the man she saw exit the passenger side
of the Grand Prix was driving the black vehicle. She further
testified that the black vehicle had a Leflore County tag.
Mary testified that she saw "wrenches" inside the
Grand Prix and noticed that the steering wheel was broken.
She was presented a photo line-up, and she identified Bell as
the man she saw emerge from the passenger side of Otis's
Grand Prix. Mary also identified a photograph of the Grand
Prix and said that it was the vehicle Bell exited.
Deputy Jim Burton with the Montgomery County Sheriff's
Office was informed of an automobile break-in. Based on the
description and license-plate number of the vehicle, Burton
located and stopped the vehicle ...