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Grady v. State

Court of Appeals of Mississippi

April 2, 2019

WILLIAM GRADY A/K/A WILLIAM LEE GRADY APPELLANT
v.
STATE OF MISSISSIPPI APPELLEE

          DATE OF JUDGMENT: 03/29/2017

          FORREST COUNTY CIRCUIT COURT TRIAL JUDGE: HON. JON MARK WEATHERS

          ATTORNEY FOR APPELLANT: OFFICE OF STATE PUBLIC DEFENDER MOLLIE MARIE McMILLIN

          ATTORNEYS FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY: KATY TAYLOR GERBER SCOTT STUART

          DISTRICT ATTORNEY: PATRICIA A. THOMAS BURCHELL

          BEFORE J. WILSON, P.J., GREENLEE AND McCARTY, JJ.

          GREENLEE, J.

         ¶1. A jury in the Forrest County Circuit Court convicted William Grady of possession of a weapon by a convicted felon in violation of Mississippi Code Annotated section 97-37-5 (Rev. 2014). The trial court sentenced Grady to ten years, with five years to be served in the custody of the Mississippi Department of Corrections (MDOC) and five years suspended pursuant to and in conformity with post-release supervision. The trial court also ordered Grady to pay a $500 fine, a $200 assessment to the Mississippi Crime Victim Compensation Program, $1, 000 in restitution to the Forrest County Public Defenders' Fund, and all court costs.

         ¶2. Grady filed a motion for a new trial or for a judgment notwithstanding the verdict (JNOV), which was denied, and he appealed. The Office of State Public Defender, Indigent Appeals Division, filed a Lindsey brief certifying that there are no arguable claims to be raised on appeal.[1] Although this Court granted Grady additional time to file a pro se supplemental brief, Grady did not file one. After an independent review of the record, we agree with Grady's counsel. We affirm Grady's judgment of conviction and sentence.

         FACTS AND PROCEDURAL HISTORY

         ¶3. The Forrest County Sheriff's Department searched Grady's home in Hattiesburg pursuant to a search warrant related to a drug sale. Deputy Rafael Bailey found a pink .380-caliber Ruger gun inside Grady's bedroom, lying at the head of the bed. Deputy Bailey testified that the gun was loaded and was within arm's reach of anyone lying in the bed. The gun had been reported stolen from Harrison County and was turned over to the Harrison County Sheriff's Department. Grady was arrested and charged for possession of the gun after law enforcement officers determined that he was a convicted felon.

         DISCUSSION

         ¶4. When appellate counsel determines that the record shows no appealable issues, counsel must follow the procedures outlined in Lindsey:

(1) Counsel must file and serve a brief in compliance with Mississippi Rule of Appellate ...

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