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Duncan v. State

Court of Appeals of Mississippi

March 20, 2018

SANCHEZ DUNCAN A/K/A SANCHEZ D. DUNCAN A/K/A SANCHEZ DEJUAN DUNCAN APPELLANT
v.
STATE OF MISSISSIPPI APPELLEE

          DATE OF JUDGMENT: 12/09/2016

         FORREST COUNTY CIRCUIT COURT HON. JON MARK WEATHERS 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: PATRICIA A. THOMAS BURCHELL

          BEFORE GRIFFIS, P.J., CARLTON AND WILSON, JJ.

          GRIFFIS, P.J.

         ¶1. Sanchez Duncan appeals his convictions for possession of methamphetamine and possession of a weapon by a convicted felon. Duncan's appellate counsel filed a brief pursuant to Lindsey v. State, 939 So.2d 743 (Miss. 2005), and certified that the record presented no arguable issues for appellate review. Duncan subsequently filed a pro se brief.

         ¶2. We have reviewed the record and find no arguable issues that necessitate supplemental briefing. After reviewing the issues that Duncan raises in his pro se brief, we find no error and affirm.

         FACTS AND PROCEDURAL HISTORY

         ¶3. In May 2015, a confidential source, later identified as a neighbor or neighbors, contacted the Hattiesburg Police Department regarding activity at a residence located at 505 Rebecca Avenue. Richard Hill, his girlfriend Janie Sistrunk, and Sistrunk's brother, Jeremy Morgan, lived at the residence. As a result of numerous complaints, active surveillance of the residence began in early July 2015.

         ¶4. On August 6, 2015, Sistrunk contacted Duncan and asked him to come over. According to Sistrunk, she and Duncan were "buddies, " and Duncan needed her to unlock and activate some iPhones. In exchange for unlocking and activating the cell phones, Sistrunk would receive methamphetamine.

         ¶5. Sistrunk testified that when Duncan arrived, he was carrying a backpack. Sistrunk explained that she previously had given Duncan the backpack, so she knew "for a fact that it was his backpack." While Sistrunk worked on the cell phones, she and Duncan smoked methamphetamine in her bedroom.

         ¶6. At the time Duncan arrived, Sergeant Joseph Kennedy was surveilling the house. He called for assistance. Lieutenant Daniel Miller and Officer Jarrod Smith responded. They then assisted Sergeant Kennedy with a "knock and talk." Hill answered the door. Duncan and Sistrunk then walked in view of the door. Duncan yelled, "Oh, s**t, police" and fled to Sistrunk's bedroom. For safety purposes, Sergeant Kennedy and Lieutenant Miller entered and secured the residence. Duncan, Sistrunk, Hill, and Morgan were handcuffed and taken outside.

         ¶7. Hill signed a consent form to search the residence. Sergeant Kennedy and Lieutenant Miller then reentered the residence wherein they found "several bags of methamphetamine, a gun[, ] . . . and pills, a couple of pills that [were] in the bag." The "bag" was a green and black backpack found on Sistrunk's bed. Inside of the backpack was an oval white pill, four bags of a crystalized substance, and a nine-millimeter handgun. Additionally, the officers recovered from Duncan's person a bag containing a crystalized substance as well as an oval pill and a bullet. The oval pill found on Duncan was the same type of pill found in the backpack. Moreover, the bullet found on Duncan was the same brand and caliber that was loaded in the handgun located in the backpack.

         ¶8. Sistrunk testified that the green and black backpack belonged to Duncan and was the same backpack that she had given Duncan "prior to [the] bust." Sistrunk further testified that after they were removed from the residence and taken ...


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