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Hollis v. State

Court of Appeals of Mississippi

January 29, 2019

ENRICKO HOLLIS A/K/A ENRIKO SIMENTO HOLLIS APPELLANT
v.
STATE OF MISSISSIPPI APPELLEE

          DATE OF JUDGMENT: 08/31/2017

          GRENADA COUNTY CIRCUIT COURT, HON. GEORGE M. MITCHELL JR. JUDGE

          ATTORNEY FOR APPELLANT: OFFICE OF STATE PUBLIC DEFENDER BY: ERIN E. BRIGGS

          ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY: ABBIE EASON KOONCE

          DISTRICT ATTORNEY: DOUG EVANS

         EN BANC

          GRIFFIS, C.J.

         ¶1. Enricko Hollis was convicted of touching a child for lustful purposes. Hollis appealed, and his appellate counsel filed a brief pursuant to Lindsey v. State, 939 So.2d 743 (Miss. 2005). Hollis's counsel asserts she has searched the record but is unable to find any arguable issues for appellate review. Hollis was given the opportunity to file a pro se brief but declined. We find no error and affirm.

         FACTS AND PROCEDURAL HISTORY

         ¶2. In July 2016, thirteen-year-old Melanie[1] went to Hollis's house to visit and play with Hollis's fiancee's son. Hollis and Melanie's mother had previously been in a relationship and have a son. Their son, Melanie's half-brother, was also at Hollis's house, along with some other children. Hollis was the only adult present.

         ¶3. According to Melanie, she was sitting on the couch in the living room watching television when Hollis came over and touched her breasts with his hands. When Melanie got up to go into another room, Hollis grabbed Melanie by the waist, took her into the master bedroom, laid her on the bed, unbuttoned her pants, and pulled out his penis. Hollis then touched her breasts and rubbed her legs with his hands. When Hollis heard someone coming, he pulled up his pants. Melanie went into the bathroom and cried. Melanie did not tell anyone what had happened because she was embarrassed. It was not until her mother found messages from Hollis on Melanie's cell phone that Melanie revealed what had happened.

         ¶4. Melanie's mother contacted the Grenada Police Department. After speaking with both Melanie and her mother, Detective Kenith Sanders interviewed Hollis. Hollis waived his Miranda rights[2] and provided both a recorded statement and a written statement to Detective Sanders. In both statements, Hollis admitted to touching Melanie's breasts. Hollis further admitted to texting Melanie and exchanging nude pictures with her.

         ¶5. The recorded interview was conducted at 8:20 p.m. on July 25, 2016, and lasted approximately twenty minutes. Following his recorded statement, Hollis provided a written statement. In his written statement, Hollis asserted that "[e]verything started out innocent (texting)." Hollis explained that after he "touched her breasts," he "texted a lot of different stuff but never touched her in any other way." Hollis acknowledged that he "was stupid for ever texting a 13-year old" and was "[r]eally sorry for all this mess [he] ha[s] caused."

         ¶6. At trial, the recorded statement and the written statement were admitted into evidence and published to the jury. Following the admission of the statements, Hollis testified and denied ever touching Melanie. Although he acknowledged that he was not forced in any way to give the statements, Hollis testified that he felt pressured to give a statement because Detective Sanders "kept asking [him] the same questions." Hollis further testified that he was "scared," ...


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