Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Clayton v. State

Court of Appeals of Mississippi

November 27, 2018

IRA JOSEPH CLAYTON A/K/A IRA CLAYTON A/K/A IRA J. CLAYTON A/K/A IRA WILSON APPELLANT
v.
STATE OF MISSISSIPPI APPELLEE

          DATE OF JUDGMENT: 12/11/2017

          DESOTO COUNTY CIRCUIT COURT HON. CELESTE EMBREY WILSON TRIAL JUDGE

          ATTORNEY FOR APPELLANT: OFFICE OF STATE PUBLIC DEFENDER BY: GEORGE T. HOLMES

          ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY: ALICIA M. AINSWORTH

          DISTRICT ATTORNEY: JOHN W. CHAMPION

          BEFORE GRIFFIS, P.J., WILSON AND WESTBROOKS, JJ.

          GRIFFIS, P.J.

         ¶1. Ira Joseph Clayton appeals his conviction of the unlawful possession of a motor vehicle and argues there is insufficient evidence to support the conviction and the verdict is against the overwhelming weight of the evidence. We find no error and affirm.

         FACTS AND PROCEDURAL HISTORY

         ¶2. In March 2017, Clayton moved in with his girlfriend, Rikiesha Williams, at her apartment in Southaven. Williams owned a 2012 Volkswagen Jetta. Since Clayton did not have a vehicle, he would use Williams's car.

         ¶3. On the morning of May 26, 2017, Clayton and Williams went to Memphis for an appointment and subsequently returned to Southaven. Clayton drove them to and from the appointment in Williams's car.

         ¶4. When they returned home, Clayton and Williams got into a series of arguments. During the second argument, Williams told Clayton she no longer wanted to be in the relationship and asked him to pack his belongings and leave. Clayton began to pack but subsequently left the apartment and walked to Williams's aunt's house.

         ¶5. Approximately two to three hours later, Clayton called Williams and asked her to come pick him up so he could get the rest of his belongings. Williams agreed. When they returned to Williams's apartment, Clayton and Williams got into another argument. During the physical altercation, a gun discharged and Williams was shot twice, once in her right leg, and once in her left leg. Williams's phone was also broken.

         ¶6. Following the shooting, Clayton grabbed Williams's car keys and left the apartment complex in Williams's car. According to Williams's neighbor, Queen Rice, Clayton ran out of the apartment to the car, jumped in, and sped off.

         ¶7. Clayton was indicted as a habitual offender pursuant to Mississippi Code Annotated section 99-19-81 (Rev. 2015) on Count 1, possession of a weapon as a convicted felon; Count 2, aggravated assault; and Count 3, unlawful possession of a motor vehicle. Clayton was convicted of Count 3 only. The jury was unable to reach a unanimous verdict as to Count 1, and found Clayton not guilty on Count 2. Clayton was sentenced as a habitual offender to serve ten years in the custody of the Mississippi Department of Corrections, to run consecutively to any current sentence. He was further ordered to pay a $1, 000 fine and $503.83 in restitution to the Southaven Police Department. Clayton subsequently filed a motion for a judgment notwithstanding the verdict (JNOV) or, alternatively, a new trial, which the circuit court denied.

         ¶8. Clayton timely appealed. Clayton's appellate counsel filed a brief and raised the following assignments of error: (1) the evidence is insufficient to support the conviction of unlawful possession of a motor vehicle, and (2) the verdict is contrary to the weight of the evidence. Clayton filed a pro se ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.