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Caffie v. State

Court of Appeals of Mississippi

August 28, 2018

TRAVIS CAFFIE A/K/A TRAVIS MONTRELL CAFFIE A/K/A TRAVIS M. CAFFIE APPELLANT
v.
STATE OF MISSISSIPPI APPELLEE

          DATE OF JUDGMENT: 05/08/2017

          SIMPSON COUNTY CIRCUIT COURT. HON. EDDIE H. BOWEN TRIAL JUDGE.

          ATTORNEY FOR APPELLANT: W. TERRELL STUBBS

          ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY: BILLY L. GORE

          DISTRICT ATTORNEY: MATT SULLIVAN

          BEFORE GRIFFIS, P.J., FAIR AND TINDELL, JJ.

          GRIFFIS, P.J.

         ¶1. Travis Caffie appeals his convictions of shooting into a dwelling, shooting into a motor vehicle, and two counts of aggravated assault. He argues the circuit court failed to properly instruct the jury on the essential elements of the crimes. Because we find the jury was properly instructed, we affirm.

         FACTS AND PROCEDURAL HISTORY

         ¶2. On May 21, 2015, Investigator Brian Buckley was dispatched to Elijah Myers's home located at 445 Mary Grove Church Road in Simpson County. When he arrived, Investigator Buckley saw Myers sitting under the carport of his house with a bullet wound to his leg. Myers's house had been hit by three bullets, and Investigator Buckley observed a vehicle parked in front of Myers's residence that had also been struck.[1] The vehicle was owned by Linda Adams.

         ¶3. According to Lasheena Talley, Caffie had a problem with Myers's grandson. Talley explained that on the day of the incident, she, Caffie, Joshua Nelson, Lamarcus Washington, and Toumi Durr drove to Myers's house. As they drove by, Caffie and Nelson began to shoot toward the house. After passing Myers's house, the group turned around and drove by again, shooting into Myers's residence. According to Durr, Nelson had an AK-47 rifle and Caffie had a handgun.

         ¶4. At the time of the incident, Paige Smith, along with her two sons and nephew, was driving to her father-in-law's house, which is next to Myers's house on Mary Grove Church Road. As Smith approached, she was grazed by a bullet.

         ¶5. Following his convictions, Caffie was sentenced to serve ten years in the custody of the Mississippi Department of Corrections for shooting into a dwelling, five years for shooting into a motor vehicle, and twenty years for each count of aggravated assault, with the sentences to run consecutively.

         ¶6. Caffie subsequently filed a motion for a judgment notwithstanding the verdict or, in the alternative, a new trial, ...


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