OF JUDGMENT: 02/16/2017
COUNTY CIRCUIT COURT HON. CHRISTOPHER A. COLLINS, Judge
ATTORNEY FOR APPELLANT: OFFICE OF STATE PUBLIC DEFENDER BY:
HUNTER N. AIKENS
ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY:
ABBIE EASON KOONCE DISTRICT
ATTORNEY: MARK SHELDON DUNCAN
GRIFFIS, P.J., WESTBROOKS AND TINDELL, JJ.
Amos Henry Edwards was convicted of sexual battery and
sentenced to twenty-five years, with five years suspended,
leaving twenty years to serve in the custody of the
Mississippi Department of Corrections, followed by five years
of supervised probation. Edwards was ordered to register as a
sex offender and to pay all court costs and fees. Following
the denial of his post-trial motion, Edwards appeals.
The only issue Edwards has raised is that he received
ineffective assistance of counsel. Edwards's
ineffective-assistance-of-counsel claim is more appropriate
for a post-conviction proceeding; therefore, we affirm.
AND PROCEDURAL HISTORY
In April 2016, Edwards was eighteen years old. He lived in an
apartment with his father, his father's girlfriend,
Pamela, and Pamela's seven-year-old grandson,
Trey. Trey testified that, on April 22, 2016, he
went into Edwards's bedroom and asked Edwards to play.
Edwards was on the bed taking pictures of himself with his
cell phone. Edwards told Trey, "first [you've] got
to do this and then we can play, the middle spot." In
other words, Edwards told Trey to "suck on that, the
middle spot." Edwards then took off his clothes, grabbed
Trey's head, and put Trey's head under the covers.
Trey testified that Edwards's penis went inside his mouth
for "a short time, " until Pamela walked into the
Pamela testified that she went into Edwards's bedroom and
saw Edwards in the bed with one hand in the air holding a
cell phone and the other hand under the covers holding
Trey's head down around Edwards's private area.
Pamela called Trey's mother and the police.
Morton police officer Willie Anderson responded to the call.
Pamela testified that as Anderson was escorting Edwards out
of the apartment, Edwards said, "I'm sorry for what
I did. I don't know what happened. . . . I'm
sorry." Anderson confirmed that Edwards said he was
sorry for what he did and that he knew better.
On April 27, 2016, Investigator Marcus McDougle interviewed
Edwards. Edwards signed a waiver-of-rights form that stated
he understood his rights and wished to speak with McDougle.
At the time of the interview, Edwards had been in custody for
five days without an ...