Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Moffett v. State

Court of Appeals of Mississippi

November 12, 2019

SHAWN DOUGLAS MOFFETT A/K/A SHAWN MOFFETT APPELLANT
v.
STATE OF MISSISSIPPI APPELLEE

          DATE OF JUDGMENT: 10/11/2018

          HARRISON COUNTY CIRCUIT COURT, FIRST JUDICIAL DISTRICT HON. LISA P. DODSON JUDGE

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

          ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY: ABBIE EASON KOONCE

          DISTRICT ATTORNEY: JOEL SMITH

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

          J. WILSON, P.J.

         ¶1. Following a jury trial, Shawn Moffett was convicted of carjacking and attempting to leave the scene of an accident. On appeal, Moffett does not challenge his carjacking conviction but argues that the evidence was insufficient to convict him of attempting to leave the scene. We hold that the State presented sufficient evidence to convict Moffett. Therefore, we affirm Moffett's convictions and sentences.

         FACTS AND PROCEDURAL HISTORY

         ¶2. On April 22, 2016, Shawn Moffett was supposed to go fishing with his mother, his stepfather, and two of his sister's friends. That morning, Moffett learned that he was not going to be able to live with his sister or his grandmother, which apparently upset him.[1]Nonetheless, he went with the group to go fishing. Moffett joined his sister and her two friends in his sister's car, while his mother and stepfather went in their car. Moffett apparently smoked marijuana while riding in his sister's car.

         ¶3. The group stopped at Sweet Peppers Deli on Highway 49 in Gulfport. While in the restaurant's parking lot, Moffett became uncontrollably angry. He kicked or punched out a back window of his sister's car, climbed through the broken window, and assaulted his sister. Moffett was bleeding by this point and began angrily running, stumbling, and rolling through the parking lot. Moffett then ran out into traffic on Highway 49. He was kicking and swinging at passing cars and finally lay down in the road.

         ¶4. Kumi Magee was driving north on Highway 49 when he saw Moffett lying in the road. Magee stopped his car to try to help Moffett. Moffett responded by threatening to kill Magee. Magee then walked back to his car, but Moffett rushed him. Magee, a licensed security guard, then drew his gun and tried to calm Moffett. However, Moffett continued to run at Magee. The two men tussled briefly before Moffett disengaged.

         ¶5. Moffett noticed a Volkswagen Passat driving by in the slow-moving traffic. Moffett ran up to the Passat and tried to open the driver's door, but it was locked. He then jumped on top of the car and dove in through the sunroof. The startled driver abandoned her car and ran across the highway in fear. Moffett then began driving the Passat and struck another vehicle. The Passat stalled, but Moffett restarted it and sped north on Highway 49.

         ¶6. Moffett ran a red light at the intersection of Highway 49 and O'Neal Road. He clipped a Cadillac that was traveling east on O'Neal Road and then slammed into the driver's side of a Nissan Altima that was also traveling through the intersection. The Passat spun out and came to rest in a grassy area ninety feet off of the roadway. An accident reconstructionist concluded that the Passat was traveling ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.