TIMOTHY L. NUNN a/k/a TIMOTHY LOUIS NUNN a/k/a TIMOTHY ANDRE NUNN a/k/a TIMOTHY JOHNSON
STATE OF MISSISSIPPI
OF JUDGMENT: 01/20/2017
HARRISON COUNTY CIRCUIT COURT HON. CHRISTOPHER LOUIS SCHMIDT
COURT ATTORNEYS: LISA COLLUMS, CHRISTOPHER ALAN GREEN,
PATRICIA SIMPSON, CHRISTOPHER CARTER
ATTORNEYS FOR APPELLANT: OFFICE OF STATE PUBLIC DEFENDER BY:
JUSTIN T. COOK GEORGE T. HOLMES
ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY:
DISTRICT ATTORNEY: JOEL SMITH
KITCHENS AND KING, P.JJ., AND COLEMAN, J.
COLEMAN, JUSTICE, FOR THE COURT
A Harrison County jury found Timothy Nunn guilty of unlawful
possession of a firearm by a convicted felon. The trial court
sentenced Nunn as a habitual offender under Mississippi Code
Section 99-19-81 (Supp. 2018) to ten years without the
possibility of parole or early release. Nunn filed a notice
of appeal following the trial court's denial of his
motion for a new trial. Finding no arguable issue to raise on
appeal, Nunn's appellate attorney filed a brief in
accordance with Lindsey v. State, 939 So.2d 743
(Miss. 2005). Discerning no reversible error or issue
warranting supplemental briefing, we affirm Nunn's
conviction and sentence.
AND PROCEDURAL BACKGROUND
On January 27, 2015, Detectives Joey Wuest and Larry McCook
of the Gulfport Police Department observed Nunn driving
without a seatbelt. The detectives initiated a traffic stop,
but Nunn continued to drive for several blocks. Detective
Wuest observed Nunn reaching toward the passenger area and
backseat of the vehicle. After Nunn had stopped his vehicle,
Detective Wuest approached the passenger side of the vehicle,
while Detective McCook approached the driver's side of
Detective Wuest saw a firearm on the rear center of the
floorboard. Officer Wuest notified Detective McCook about the
firearm. Meanwhile, Nunn exited the vehicle and approached
Detective McCook. Nunn was handcuffed immediately. In
addition to Nunn, a male passenger was seated in the front
passenger seat, and a female occupant was seated in the back
seat. The two passengers were ordered to exit the vehicle,
and the loaded firearm was recovered from the vehicle.
Nunn was arrested and interviewed at the Gulfport Police
Department by Detectives Clayton Fulks and McCook. Nunn told
the detectives that he knew the firearm was in the vehicle
before he had been stopped by Detectives Wuest and McCook.
Nunn admitted that he possessed the firearm. Nunn told the
detectives that he handed the firearm to the passenger in the
back seat. An audio recording of the interview was admitted
into evidence and played for the jury.
Detective Fulks testified that Nunn had admitted that he knew
the firearm was in the vehicle before being stopped.
Detective Fulks also testified that Nunn acknowledged ...