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Washington v. State

Supreme Court of Mississippi

December 5, 2019

ANTWUNE WASHINGTON
v.
STATE OF MISSISSIPPI

          DATE OF JUDGMENT: 06/01/2018

          CIRCUIT COURT OF THE SECOND JUDICIAL DISTRICT OF JONES COUNTY HON. DAL WILLIAMSON TRIAL JUDGE.

          TRIAL COURT ATTORNEYS: JOHN ANTHONY PIAZZA DENNIS LEE BISNETTE

          ATTORNEYS FOR APPELLANT: OFFICE OF STATE PUBLIC DEFENDER BY: GEORGE T. HOLMES PHILLIP W. BROADHEAD ANTWUNE WASHINGTON (PRO SE)

          ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY: BARBARA BYRD

          DISTRICT ATTORNEY: ANTHONY J. BUCKLEY

          BEFORE KITCHENS, P.J., BEAM AND ISHEE, JJ.

          KITCHENS, PRESIDING JUSTICE.

         ¶1. Antwune Washington was indicted in the Circuit Court of the Second Judicial District of Jones County on counts of aggravated assault and possession of a firearm by a felon. The jury acquitted Washington of aggravated assault, but found him guilty of felony possession of a firearm. Washington appealed. His appellate counsel filed a brief in accordance with Lindsey v. State, 939 So.2d 743 (Miss. 2005), certifying to this Court that, after examining the record, no arguable issues exist.

         ¶2. Washington, pro se, argues that the indictment was insufficient and that his conviction and sentence for felon in possession of a firearm must be vacated. He complains that his indictment was defective because it did not include the specific statutory subsection of the offense and thereby failed to charge an essential element of the crime.

         ¶3. This Court finds no arguable issues on appeal. Accordingly, we affirm Washington's conviction.

         FACTS AND PROCEDURAL HISTORY

         ¶4. On October 1, 2016, Laurel Police Officer Kim Stewart responded to a shooting at Shadowood Apartments in Laurel, Mississippi. Officer Stewart testified that he saw a "black male laying in [a] breezeway suffering from [a] gunshot wound to the neck." The man was identified as Eric Drummond. Officer Stewart called emergency medical responders to assist Drummond.

         ¶5. Officer Stewart testified that he began to collect evidence from the apartment complex "start[ing] from [a] sidewalk up to the grassy area to the patio of the residence." His investigation detected "[o]ne shell casing [on] [a] sidewalk, one . . . in the grass, and another one also in the grassy area." Officer Stewart also stated that he "observed [that] the patio frame like a fence on the patio . . . had bullet holes in it." After "backtracking" through this evidence, "[Stewart] observed blood from the inside of the door ...


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