BRIAN KING a/k/a BRIAN KING, JR. a/k/a BRIAN S. KING, JR.
STATE OF MISSISSIPPI
OF JUDGMENT: 09/28/2017
COUNTY CIRCUIT COURT HON. DAL WILLIAMSON JUDGE
COURT ATTORNEYS: JOHN ANTHONY PIAZZA DENNIS LEE BISNETTE
ATTORNEYS FOR APPELLANT: OFFICE OF STATE PUBLIC DEFENDER BY:
W. DANIEL HINCHCLIFF GEORGE T. HOLMES
ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL SCOTT
DISTRICT ATTORNEY: ANTHONY J. BUCKLEY
RANDOLPH, P.J., COLEMAN AND CHAMBERLIN, JJ.
RANDOLPH, PRESIDING JUSTICE
Brian King was indicted as a habitual offender and charged
with one count of possession of a firearm by a convicted
felon. After being found guilty, King was sentenced to a term
of ten years without the possibility of parole. King contends
that the trial court erred in denying his request for a
psychological examination and in allowing the introduction of
evidence of prior bad acts. Finding no error, we affirm
King's conviction and sentence.
AND PROCEDURAL HISTORY
At trial, the State called Heath Blancett, an officer with
the Laurel Police Department. Blancett testified that he
responded to a call about an attempted armed robbery of
Carlos Malone. Malone, who at the time of trial was in jail
on a parole violation, testified that he was walking down the
street one evening when two men approached him from behind.
Malone testified that when he turned around, King was
pointing a gun at him. The men demanded Malone's phone
but left before he gave it to them. Malone called the police
to report the attempted armed robbery and later was able to
identify the gun, which was recovered by the police from
King's apartment, as the gun used by King. Malone
testified that, although he was not familiar with guns, he
initially believed King's gun was a .40 caliber Glock.
Malone testified on cross-examination that he informed the
police that he no longer wanted to pursue the attempted armed
Officer Charlie Turner with the Laurel Housing Authority
informed Investigator Stewart of King's location. Turner
and Stewart went to that address and found King there in an
apartment on the second floor. Turner testified that he did
not observe anyone with King. Turner found a weapon under the
mattress in the bedroom of the apartment. The fully loaded
gun was later turned over to Investigator Reaves, who
testified that he swabbed the gun for DNA and then sent it to
the Mississippi Crime Lab for prints. Reaves was able to
identify the weapon retrieved from the apartment as the .45
caliber Glock 21 in evidence.
Jamie Bush, a forensic scientist with the crime lab, was
tendered as an expert in forensic latent prints. Bush
testified that he found a latent palm print on the magazine
of the gun found in the apartment. He identified the palm
print as having been made by King's left palm.
The State rested, and King chose not to testify in his
defense. The defense rested after calling no witnesses. The
jury found King guilty of ...