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Carter v. State

Court of Appeals of Mississippi

April 9, 2019

LARRY CHARLES CARTER A/K/A LARRY CHARLES CARTER IV A/K/A LARRY CARTER APPELLANT
v.
STATE OF MISSISSIPPI APPELLEE

          DATE OF JUDGMENT: 08/18/2017

          MADISON COUNTY CIRCUIT COURT TRIAL JUDGE: HON. WILLIAM E. CHAPMAN III

          ATTORNEY FOR APPELLANT: OFFICE OF STATE PUBLIC DEFENDER BY: JUSTIN TAYLOR COOK

          ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY: ALICIA MARIE AINSWORTH

          DISTRICT ATTORNEY: MICHAEL GUEST

          BEFORE BARNES, C.J., WESTBROOKS AND LAWRENCE, JJ.

          WESTBROOKS, J.

         ¶1. In July 2017, Larry Carter was convicted of shooting into a dwelling and being a felon in possession of a firearm. After a jury trial, Carter was sentenced to life imprisonment as a habitual offender. Aggrieved, Carter filed a motion for a new trial. Carter's motion was denied, and he timely appeals. After review of the record, we affirm.

         FACTS

         ¶2. On October 5, 2016, around 2:30 or 3:00 a.m., Adrian Williams was awoken by the sound of several gunshots. She got out of bed and ran to her nine-year-old son's room, where she discovered that he had been shot several times. The child was airlifted to the University of Mississippi Medical Center, where he recovered.

         ¶3. Minutes after the shooting, Officer Jeremy Goodin responded to a call about a young man requesting to see the police. Officer Goodin testified that once he arrived, he saw Carter with no shirt on and his hands in the air. Carter told him that he was the individual who shot into the apartment and wanted to turn himself in. Officer Goodin took Carter into custody and transported him to the police department. Officer Goodin further testified that while in transit Carter stated the basis of the shooting was a verbal confrontation between him and the man in the apartment. Once at the police department, Carter was further questioned, and he admitted again he was the individual who shot into the apartment. Carter also told investigators where to find a book-bag with the firearm used. The Canton Police Department recovered twenty-three shell casings from the scene, and a firearm analysis confirmed that the gun Carter led them to matched the shell casings found at the apartment.

         ¶4. In January 2017, Carter was indicted on a three-count indictment, charging him with shooting into a dwelling, being a felon in possession of a firearm, and felonious abuse of a child. The State dropped the charge for felonious abuse of a child and proceeded to trial on the other two counts.

         ¶5. After a jury trial, Carter was convicted of shooting into a dwelling and being a felon in possession of a firearm. After a bifurcated sentencing hearing, Carter was sentenced to life imprisonment as a habitual offender under Mississippi Code Annotated section 99-19-83 (Rev. 2015). Carter filed a motion for a new trial, the circuit court denied his motion, and he timely appealed.

         STANDARD ...


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