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Anderson v. State

Court of Appeals of Mississippi

October 30, 2018

STEVEN VINCENT ANDERSON A/K/A STEVEN V. ANDERSON A/K/A STEVEN ANDERSON APPELLANT
v.
STATE OF MISSISSIPPI APPELLEE

          DATE OF JUDGMENT: 08/19/2016

          JONES COUNTY CIRCUIT COURT, FIRST JUDICIAL DISTRICT HON. DAL WILLIAMSON TRIAL JUDGE

          ATTORNEYS FOR APPELLANT: OFFICE OF STATE PUBLIC DEFENDER

          BY: BENJAMIN A. SUBER GEORGE T. HOLMES MOLLIE M. McMILLAN

          ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY: KATY TAYLOR GERBER

          DISTRICT ATTORNEY: ANTHONY J. BUCKLEY

          BEFORE IRVING, P.J., CARLTON AND GREENLEE, JJ.

          GREENLEE, J.

         FOR THE COURT:

         ¶1. Steven Anderson challenges his convictions for driving under the influence (DUI) and possession of methamphetamine. The Jones County Circuit Court sentenced him as a habitual offender to serve eight years in the custody of the Mississippi Department of Corrections, without eligibility for parole or probation, ordering the sentence to run consecutively to a prior sentence. The court also ordered him to pay a $25, 000 fine and serve forty-eight hours in the custody of the Jones County Adult Detention Center. Anderson moved for a judgment notwithstanding the verdict (JNOV) or, in the alternative, a new trial. The court denied his motion, and Anderson appeals.

         ¶2. He alleges that: (1) his eight-year sentence is disproportionate to the crime of methamphetamine possession; and (2) the verdicts were against the overwhelming weight of the evidence. We affirm the circuit court's judgment.

         FACTS AND PROCEEDINGS BELOW

         ¶3. Two vehicles collided on a country road near several homes. In one was the lifeless body of eighteen-year-old Isaac Holloway. From the other emerged Steven Anderson. Neighbors rushed to the wreck and watched as Anderson threw unknown objects into the woods, searched in his car, and mumbled about looking for his phone charger and insurance papers.

         ¶4. One neighbor-who was a paramedic-seeking to render aid, approached Anderson as he was rambling around in his vehicle. She asked him to step out of the vehicle. He refused, but the paramedic's further insistence caused Anderson to become irate. He elbowed the ...


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