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.

Nunn v. State

Supreme Court of Mississippi

February 14, 2019

TIMOTHY L. NUNN a/k/a TIMOTHY LOUIS NUNN a/k/a TIMOTHY ANDRE NUNN a/k/a TIMOTHY JOHNSON
v.
STATE OF MISSISSIPPI

          DATE OF JUDGMENT: 01/20/2017

          HARRISON COUNTY CIRCUIT COURT HON. CHRISTOPHER LOUIS SCHMIDT JUDGE.

          TRIAL 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: ALICIA AINSWORTH

          DISTRICT ATTORNEY: JOEL SMITH

          BEFORE KITCHENS AND KING, P.JJ., AND COLEMAN, J.

          COLEMAN, JUSTICE, FOR THE COURT

         ¶1. 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.

         FACTUAL AND PROCEDURAL BACKGROUND

         ¶2. 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 the vehicle.

         ¶3. 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.

         ¶4. 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.

         ¶5. 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 ...


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.