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Weaver v. State

Court of Appeals of Mississippi

October 1, 2019

JACKIE WAYNE WEAVER II A/K/A JACKIE WEAVER APPELLANT
v.
STATE OF MISSISSIPPI APPELLEE

          DATE OF JUDGMENT: 03/29/2018

          COURT FROM WHICH APPEALED: QUITMAN COUNTY CIRCUIT COURT TRIAL JUDGE: HON. CHARLES E. WEBSTER

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

          ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY: LAURA HOGAN TEDDER

          DISTRICT ATTORNEY: BRENDA FAY MITCHELL

          BEFORE CARLTON, P.J., WESTBROOKS AND C. WILSON, JJ.

          WESTBROOKS, J.

         ¶1. Jackie Wayne Weaver was charged with burglary of a dwelling in violation of Mississippi Code Annotated section 97-17-23 (Rev. 2014) and possession of a firearm by a convicted felon in violation of Mississippi Code Annotated section 97-37-5 (Rev. 2014) in the Circuit Court of Quitman County. Following a trial, the jury returned guilty verdicts on both counts. Weaver was sentenced to fifteen years in the custody of the Mississippi Department of Corrections, with five years suspended and ten years to serve, followed by five years of postrelease supervision for burglary of a dwelling. Weaver was sentenced to five years in the custody of the Mississippi Department of Corrections for possession of a firearm by a convicted felon. The trial court ordered these sentences to run consecutively. Weaver filed a motion for a judgment notwithstanding the verdict (JNOV) or, in the alternative, for a new trial, which the trial court denied. Aggrieved, Weaver appeals. Finding no error, we affirm.

         FACTS AND PROCEDURAL HISTORY

         ¶2. Detective Daryl Linzy with the Quitman County Sheriff's Office responded to a call from Mr. Bryan Sbaravati about suspicious activity. Specifically, Bryan reported a white Chrysler Sebring driving suspiciously up and down Sbaravati road. While investigating the call regarding the Chrysler Sebring, Detective Linzy received information about a possible burglary that had occurred a few miles from where the Sebring was found. Detective Linzy and Captain Ashley Pratcher located the Chrysler Sebring on Sbaravati road and Highway 322 west. Detective Linzy and other officers also noticed a white Ford Explorer at the scene when they arrived. Jackie Weaver was found on the ground in front of the Sebring. Cameron Roberson was found standing between the Sebring and Explorer. Casey Hamilton was found sitting in the driver's seat of the Explorer.

         ¶3. A shotgun and ammunition were found on the front seat of the Chrysler Sebring driven by Weaver. Detective Linzy and other officers conducted a search of the area and found additional firearms in the grass next to the Sebring. Shortly thereafter, the burglary victim, Tonia Denney, arrived at the scene and identified some of the guns recovered as those taken from her home. Other items-including a shotgun, a blue Kodak Easy Share Camera, a Remington short-action magazine, a RCA MP3 player, a Big River game call, a Wii controller, a Presario Compaq laptop, a Nintendo 2DS, a Nintendo 3DS, twenty Nintendo games, and ammunition-were found inside of the Chrysler Sebring. Denney also identified those items as those missing from her home. The police then detained Weaver, Hamilton, and Roberson.

         ¶4. At trial, Roberson testified that Weaver talked with him about "hitting a lick" and stealing things from Denney's home. Roberson stated Weaver came up with the idea to rob Ms. Denny's house. Roberson further stated Weaver picked him up and drove the Chrysler Sebring to Ms. Denney's house, wherein he grabbed several guns and electronics after gaining entrance of the house through a sliding door, which was closed but not locked. Roberson placed the stolen items in the Chrysler Sebring Weaver was driving. Roberson stated that Weaver drove the Chrysler Sebring from Ms. Denney's house and set up a meeting with Hamilton to sell the stolen items.

         ¶5. Roberson and Weaver took a road back to Roberson's house and waited for Hamilton to arrive. But Roberson stated that they did not have time to sell the guns because, once the officers arrived, he threw the guns in the bushes. The police detained all of the individuals at the scene and later arrested them.

         ¶6. Following the jury trial in the Quitman County Circuit Court, Weaver was convicted of burglary of a dwelling and possession of a firearm by a convicted felon. Weaver was sentenced to fifteen years, with five years suspended and ten years to serve, followed by five years of postrelease supervision for the burglary conviction. Weaver was also sentenced to five years ...


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