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Brown v. State

Court of Appeals of Mississippi

September 4, 2018

JARVIS BROWN APPELLANT
v.
STATE OF MISSISSIPPI APPELLEE

          DATE OF JUDGMENT: 10/27/2016

          COAHOMA COUNTY CIRCUIT COURT, HON. ALBERT B. SMITH III JUDGE.

          ATTORNEY FOR APPELLANT: AZKI SHAH.

          ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY: BARBARA WAKELAND BYRD.

          DISTRICT ATTORNEY: BRENDA FAY MITCHELL.

          BEFORE GRIFFIS, P.J., BARNES AND GREENLEE, JJ.

          BARNES, J.

         ¶1. Jarvis Brown was convicted of attempted aggravated assault with a firearm and sentenced to ten years in the custody of the Mississippi Department of Corrections (MDOC), with five years suspended, and five years of post-release supervision. He was also sentenced to an additional five years for using a firearm in the commission of the crime, to be served consecutively to the sentence for the assault offense. See Miss. Code Ann. § 97-37-37 (Rev. 2014). After the Coahoma County Circuit Court denied his posttrial motion, he appealed, arguing that the sufficiency and weight of the evidence do not support the verdict. Finding no error, we affirm.

         FACTS AND PROCEDURAL HISTORY

         ¶2. At approximately 8:00 p.m. on October 11, 2013, Daniell Hampton left his local barber shop in Clarksdale, Mississippi headed for home. He observed a dark-colored Chevrolet Tahoe tailing his car and recognized Brown as the driver. Hampton heard gunshots and noticed his back window was shattered; so he drove to his mother's home nearby and notified the Clarksdale Police Department of the shooting. He then took his vehicle to the police station for processing. A few hours later, Brown was taken into custody in connection with the shooting. Hampton later identified Brown from a photo lineup.

         ¶3. Brown was indicted for attempted aggravated assault in violation of Mississippi Code Annotated section 97-3-7(2)(a) (Rev. 2006). A jury trial was held in Coahoma County Circuit Court on July 13, 2016. Officer Jamie Stribling testified that the police department had received a "shots fired" call at 8:08 p.m. from an unnamed source before Hampton contacted them and were already in route to the area. Two 9-millimeter shell casings were recovered near where Hampton said the shooting occurred; however, no gun was ever found. Officer Stribling conducted a gunshot residue (GSR) test on Brown within a few hours of the shooting and sent the samples to the Mississippi Crime Lab. Chad Suggs, a forensic scientist, testified the GSR analysis showed that particles indicative of GSR were found on Brown's hands. Hampton testified that he had known Brown for "[o]ver twelve years," and identified him as the driver of the vehicle from which the shots were fired. Hampton also said that when his back windshield shattered, he looked into his rearview mirror and saw "flames coming from the driver's side by the mirror."

         ¶4. After the State rested, defense counsel moved for a directed verdict, which the circuit court denied. Brown's girlfriend, Aldemetrise Thomas, testified for the defense. She claimed Brown had gone with her to Tupelo on the day of the shooting and that they did not return to Clarksdale until right before 10:00 p.m., thereby providing Brown with an alibi. However, on cross-examination, Thomas admitted she never told police officers that she was with Brown that evening; she said she only told Brown's attorney.

         ¶5. Brown was found guilty and sentenced to ten years in the custody of the MDOC, with five years suspended, and five years of post-release supervision. He was also sentenced to five years in MDOC custody for using a firearm in the commission of his crime. Brown filed a motion for judgment of acquittal, or in the alternative, for a new trial, which the circuit court denied. On appeal, Brown contends that the ...


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