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Ware v. State

Supreme Court of Mississippi

July 25, 2019

EDWARD LAMAR WARE a/k/a EDWARD WARE a/k/a LITTLE 50
v.
STATE OF MISSISSIPPI

          DATE OF JUDGMENT: 01/30/2018

          TRIAL JUDGE: HON. LEE J. HOWARD COURT FROM WHICH APPEALED: OKTIBBEHA COUNTY CIRCUIT COURT

          ATTORNEY FOR APPELLANT: OFFICE OF STATE PUBLIC DEFENDER BY: ERIN ELIZABETH BRIGGS

          ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY: SCOTT STUART

          ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY: SCOTT STUART

          BEFORE KING, P.J., MAXWELL AND GRIFFIS, JJ.

          GRIFFIS, JUSTICE

         ¶1. Edward Lamar Ware was convicted of possession of a weapon by a convicted felon. Ware appealed, and his counsel filed a brief under Lindsey v. State, 939 So.2d 743 (Miss. 2005). Ware's counsel states that she has searched the record but was unable to find any arguable issues for appellate review. Ware was given the opportunity to file a pro se brief, but he declined. We have reviewed the record and find no error. We, therefore, affirm.

         FACTS AND PROCEDURAL HISTORY

         ¶2. On February 10, 2015, Ware went to Lakeshia Anderson's apartment in Starkville. Ware and Anderson previously had dated but were no longer in a relationship. When Ware arrived, Anderson who was in her car in the parking lot, was about to drive to the hospital.[1]As Anderson began to leave, Ware pulled out a pistol and pointed it at Anderson's car. As a result, Anderson sped up and continued to the hospital.

         ¶3. Anderson returned home later that day and went to bed. She awoke to Ware beating on her apartment door. Anderson instructed her children not to answer the door. But, Anderson's youngest daughter opened the door. Anderson gave her purse to her oldest daughter, Ta'Kya, to hide. Ware saw this and an argument occurred.

         ¶4. Anderson and Ware went into Anderson's bedroom, where Ware hit Anderson in her face. Ta'Kya came into the bedroom to check on her mother but was told to leave. Ta'Kya returned to the bedroom that she shares with her younger sister and called the police. Ta'Kya advised the police that her mother and Ware were arguing and that Ware had hit her mother.

         ¶5. Officer Pedro Yerra with the Starkville Police Department responded to the call. When Officer Yerra entered the apartment, Anderson advised that Ware was in the back with her daughters and that he possibly had a gun. Officer Yerra walked through the apartment, calling for Ware. Ware responded that he was in the bathroom. After Officer Yerra determined that Ware was not in the bathroom, he again called for Ware. At that time, Officer Yerra realized that Ware was in the bedroom with Anderson's two daughters.

         ¶6. Officer Yerra saw the two girls in the bedroom but was only able to see a portion of the bedroom. Officer Yerra asked one of the girls where Ware was and she responded, "right here" and looked toward the part of the bedroom where Officer Yerra could ...


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