JOHN F. WARE A/K/A JOHN FITZGERALD WARE A/K/A JOHN WARE
STATE OF MISSISSIPPI APPELLEE
OF JUDGMENT: 06/16/2017
COUNTY CIRCUIT COURT TRIAL JUDGE: HON. CHRISTOPHER A. COLLINS
ATTORNEY FOR APPELLANT: OFFICE OF STATE PUBLIC DEFENDER BY:
MOLLIE MARIE MCMILLIN
ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY:
KATY TAYLOR GERBER
DISTRICT ATTORNEY: STEVEN SIMEON KILGORE
LEE, C.J., FAIR AND WILSON, JJ.
A jury in the Scott County Circuit Court convicted John Ware
of possession of a deadly weapon by a convicted
felon. The trial court sentenced Ware as a
habitual offender under Mississippi Code Annotated section
99-19-81 (Rev. 2015) to ten years in the custody of the
Mississippi Department of Corrections, with two years
suspended and two years of postrelease supervision.
Ware's trial counsel filed a posttrial motion, which the
trial court denied.
Through his appointed appellate counsel, Ware appeals arguing
that the evidence was insufficient to support the guilty
verdict. Ware also filed a pro se brief asserting ineffective
assistance of counsel and an illegal sentence.
On June 25, 2016, around 11:00 pm, Sergeant Timothy Lloyd
with the Scott County Sheriff's Department responded to a
911 call about a domestic disturbance between Ware and his
wife, Francis, at their house. When Sergeant Lloyd arrived,
Ware was washing a car in the driveway, and Francis was
inside the house. Sergeant Lloyd testified that he spoke with
Francis, who informed him that Ware did not live at the house
and that she wanted Ware to leave the premises. While
speaking with Ware, Sergeant Lloyd looked into Ware's car
and noticed a large knife with gray duct tape wrapped around
the handle. Sergeant Lloyd stated that Ware said the knife
was for his protection. Sergeant Lloyd confiscated the knife,
later turning it over to Investigator Bill Patrick, who also
was with the Scott County Sheriff's Department.
Investigator Patrick testified that he believed the knife was
a butcher knife based on the length of the blade
(approximately eight inches) and the curved tip. Aware that
Ware had at least one prior felony conviction, Investigator
Patrick brought Ware in for questioning. After waiving his
Miranda rights, Ware told Investigator Patrick
that he kept the knife in his car for protection.
During trial, Ware stated that he used the knife ...