RICHARD PARKER A/K/A RICHARD BERNELL PARKER A/K/A RICHARD B. PARKER APPELLANT
STATE OF MISSISSIPPI APPELLEE
OF JUDGMENT: 06/22/2017
FROM WHICH APPEALED: FORREST COUNTY CIRCUIT COURT HON. JON
MARK WEATHERS TRIAL JUDGE.
ATTORNEY FOR APPELLANT: OFFICE OF STATE PUBLIC DEFENDER BY:
GEORGE T. HOLMES.
ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY:
JEFFREY A. KLINGFUSS.
LEE, C.J., FAIR AND WILSON, JJ.
Richard Parker decided to hunt on someone else's property
without permission. A game warden was called about the
trespass and found Parker and Parker's truck. Parker, a
prior convicted felon, had a rifle in his truck. Following a
jury trial in the Forrest County Circuit Court, Parker was
convicted of unlawful possession of a firearm by a convicted
felon. Parker's appointed appellate counsel filed a
Lindsey brief, certifying that he has thoroughly
searched the record and found "no arguable issues"
for appeal. Lindsey v. State, 939 So.2d 743, 748
(¶18) (Miss. 2005). After an independent and thorough
review of the record, we agree that there are no arguable
issues and that the evidence was sufficient to support the
conviction. Therefore, we affirm.
AND PROCEDURAL HISTORY
On December 14, 2014, Jyntre Williamson, a game warden for
the Mississippi Department of Wildlife, Fisheries, and Parks,
received a call reporting a suspected trespasser on Bill
McCrary's land in Forrest County. Williamson arrived at
McCrary's property, where McCrary and his son were
parked. A red Toyota truck was parked nearby, and Williamson
approached the truck to investigate the alleged trespasser.
Richard Parker was standing next to the truck when Williamson
approached. Parker told Williamson that he was there to hunt.
Williamson noticed a rifle in the front seat of the Toyota.
Williamson used his iPhone to take pictures of Parker and the
rifle. Parker was arrested for trespassing. The Forrest
County Sheriff's Department later released the rifle to
Parker was indicted for unlawful possession of a firearm by a
convicted felon. See Miss. Code Ann. § 97-37-5
(Rev. 2014). At trial, the State introduced evidence of
Parker's prior felony conviction. The State then called
Williamson and a deputy sheriff to testify. Parker did not
testify or call any witnesses. The jury found Parker guilty,
and the circuit court sentenced him to ten years in the
custody of the Department of Corrections, with five years to
serve, five years suspended, and five years of post-release
Lindsey, 939 So.2d at 748 (¶18), establishes
the "procedure to govern cases where appellate counsel
represents an indigent criminal defendant and does not
believe that his or her client's case presents any
arguable issues on appeal." Parker's appointed
appellate counsel complied with that procedure and certified
that there are no arguable issues for appeal. Pursuant to
Lindsey, counsel sent Parker a copy of the brief and
advised him that he could file a pro se brief. Parker has not
filed a brief.
Parker was found standing next to his truck, and there was a
rifle on the front seat of the truck. No one else was
present, and Parker stated that he was there to hunt. The
State also proved that Parker had a prior felony conviction.
Clearly, there is sufficient evidence to support the
jury's verdict finding Parker guilty of unlawful
possession of a firearm by a prior convicted felon.
Furthermore, like Parker's appellate counsel, we have
"conducted an independent and thorough review of the
record, and we conclude that there are no issues that warrant
reversal." Taylor v. State, 162 So.3d 780, 787
(¶18) (Miss. 2015). Therefore, Parker's conviction
and sentence are AFFIRMED.
C.J., IRVING AND GRIFFIS, P.JJ., BARNES, CARLTON, FAIR,