OF JUDGMENT: 03/29/2017
FORREST COUNTY CIRCUIT COURT TRIAL JUDGE: HON. JON MARK
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
J. WILSON, P.J., GREENLEE AND McCARTY, JJ.
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.
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. 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.
AND PROCEDURAL HISTORY
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.
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 ...