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Hasin v. State

Court of Appeals of Mississippi

June 4, 2019

ABDALRAHIM HASAIN A/K/A ABDALRAHIM HASSIN A/K/A ADBALRAHIM SHADI HASIN APPELLANT
v.
STATE OF MISSISSIPPI APPELLEE

          DATE OF JUDGMENT: 09/12/2017

          HARRISON COUNTY CIRCUIT COURT, FIRST JUDICIAL DISTRICT HON. CHRISTOPHER LOUIS SCHMIDT

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

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

          BEFORE J. WILSON, P.J., WESTBROOKS AND McDONALD, JJ.

          WESTBROOKS, J.

         ¶1. Following a jury trial, Abdalrahim Hasain was convicted in the Harrison County Circuit Court for deserting, neglecting, or refusing to support a child under eighteen under Mississippi Code Annotated section 97-5-3 (Rev. 2014). Hasain was sentenced to serve five years in the custody of the Mississippi Department of Corrections with four years to serve and one year of post-release supervision. The circuit court denied Hasain's motion for a new trial and he appeals. After review of the record, we affirm.

         FACTS AND PROCEDURAL HISTORY

         ¶2. Trina Johnson gave birth to a girl, Jane, [1] in 2000. Trina testified that Jane has autism and requires around-the-clock care. In 2002, a paternity test established that Hasain was Jane's father. As a result, a judgment was entered against Hasain for $125 per month in child support plus $25 per month until he satisfied his $1, 500 arrearage. The chancery court also entered an order of withholding for the monthly amount of support and an additional amount to cover court costs.

         ¶3. The record reflects that Hasain made two $20 payments in 2016 for child support after he had been indicted for his failure to pay. But he never paid any additional child support. The record also reflects that from 2002 to 2017 Hasain worked several jobs; yet he never made any child support payments. After an investigation by the Attorney General's Office, Hasain was arrested in Memphis, Tennessee.[2] After the conclusion of the trial, Hasain filed a motion for a new trial, which the trial court denied. Hasain appeals.

         STANDARD OF REVIEW

         ¶4. "Our role as [an] appellate court is to review the trial court's decision to grant or deny a new trial for an abuse of discretion." Little v. State, 233 So.3d 288, 292 (¶21) (Miss. 2017). Moreover, "[i]n carrying out this task, we weigh the evidence in the light most favorable to the verdict, only disturb[ing] a verdict when it is so contrary to the overwhelming weight of the evidence that to allow it to stand would sanction an unconscionable injustice." Id. (internal quotation mark omitted).

         DISCUSSION

         ¶5. Hasain asserts that the trial court erred in denying his motion for a new trial, because the evidence overwhelmingly supports his defense that he did not ...


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