Chambers v. State

973 So. 2d 266, 2007 WL 2917577
CourtCourt of Appeals of Mississippi
DecidedOctober 9, 2007
Docket2005-KM-01101-COA
StatusPublished
Cited by7 cases

This text of 973 So. 2d 266 (Chambers v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Mississippi primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Chambers v. State, 973 So. 2d 266, 2007 WL 2917577 (Mich. Ct. App. 2007).

Opinion

973 So.2d 266 (2007)

Gregory CHAMBERS, Appellant
v.
STATE of Mississippi, Appellee.

No. 2005-KM-01101-COA.

Court of Appeals of Mississippi.

October 9, 2007.

*267 Linton Cook Kilpatrick, Greenville, Martin A. Kilpatrick, attorneys for appellant.

Office of the Attorney General by Charles W. Maris, attorney for appellee.

EN BANC.

MODIFIED OPINION ON MOTION FOR REHEARING

BARNES, J., for the Court.

¶ 1. The appellant's motion for rehearing is denied. The original opinion is withdrawn, and this opinion is substituted therefor.

¶ 2. Gregory Chambers was indicted on the charge of aggravated assault on a law enforcement officer.[1] During argument for jury instructions, Chambers requested a jury instruction for the lesser-included offense of resisting arrest, a request which the trial court granted. The jury thereafter returned a verdict of not guilty on the simple assault charge, but guilty for resisting arrest. Aggrieved by the jury's verdict, Chambers appeals, raising the following single issue for our review: whether the trial court erred by refusing to grant his motion for judgment notwithstanding the verdict ("JNOV"). Chambers asserts that denial of his motion for JNOV was error because his conviction for resisting arrest was inconsistent, with his acquittal of simple assault on a law enforcement officer. We disagree and, therefore, affirm the judgment of the trial court.

FACTS AND PROCEDURAL HISTORY

¶ 3. In the early morning hours of April 19, 2003, Agent Stan Bagley, director of the Centxal Delta Drug Task Force ("CDDTF"), was working in Hollandale, Mississippi, patrolling various night clubs located in that town. Agent Bagley and two other CDDTF agents had been assisting officers in another county serve search *268 warrants earlier that evening. After assisting these officers, Bagley decided that he and the other two CDDTF agents would "go through some of the clubs" located in Hollandale before they went home. The agents walked in and out of clubs located on a street referred to as "Blue Front" and then prepared to leave the area.

¶ 4. There was a construction company building located almost directly across the street from one of the "Blue Front" clubs. Agent Bagley noticed a light in this building as he was leaving the area in his truck. Agent Bagley testified that he believed this construction building to be vacant and was unaware of anyone residing in the building at that time. The fact that a light was on in a building he believed to be vacant aroused Bagley's suspicion; a car parked in front of the building aroused his suspicion further. Agent Bagley made a U-turn in the street and pulled in behind the parked car. Bagley then radioed the other two CDDTF agents to come to his location so that he would not be alone as he investigated. Agent Bagley was about to run a license plate check on the parked car when he noticed two men approaching his truck. Agent Bagley rolled his driver's side window down and asked the two men if he could help them, to which one of the two men stated, "No." Bagley then exited his vehicle as he did not want to be trapped in his truck. Bagley testified that one of the two men, Gregory Chambers, stepped toward him and struck him in the chest, causing Bagley to stumble back several steps. Agent Bagley testified that he then stepped back toward Chambers with intentions of placing Chambers under arrest, but Chambers struck Bagley again, this time on the left side of his face. The other two CDDTF agents had arrived by this point, and together, the three agents placed the struggling Chambers in handcuffs and under arrest.

¶ 5. Chambers was initially charged with aggravated assault on a law enforcement officer. However, Chambers's indictment was amended to reflect a charge of simple assault on a law enforcement officer, as both sides conceded that the evidence would not support the aggravated assault charge. At trial, both sides introduced eyewitness testimony. For the State, CDDTF Agents Bagley, Jimmy Branning, and Rick McDaniel testified that Chambers initiated the physical confrontation. Chambers introduced the testimony of Harvey Topps, Karen Willis, and Latoya Williams to bolster his own testimony that it was Agent Bagley who initiated the physical confrontation. After the close of all testimony, Chambers requested and received an instruction for resisting arrest. The jury thereafter returned a verdict of not guilty for the simple assault charge, but guilty for resisting arrest.

¶ 6. Chambers's post-trial motion for judgment notwithstanding the verdict, or new trial was denied. The trial court sentenced Chambers to six months in the county jail. Chambers perfected this appeal, asserting one issue for our review. So that we do not misstate Chambers's argument, we quote verbatim Chambers's "Summary of the Argument":

In this appeal, the Appellant submits that the verdict of guilty as to resisting arrest was inconsistent with the jury's not-guilty verdict as to assault on a law enforcement officer, upon the logic that the jury's acquittal is an implicit finding that the arrest was unlawful. If an individual has the right to resist an unlawful arrest, the jury could not make a determination that the defendant was guilty of resisting an arrest that they also determined was unlawful under the circumstances herein. Accordingly, a *269 J.N.O.V. should have been entered by the Circuit Court.

We find no merit in Chambers's argument and therefore affirm the judgment of the trial court.

STANDARD OF REVIEW

¶ 7. A motion for JNOV challenges the legal sufficiency of the evidence presented at trial. Seeling v. State, 844 So.2d 439, 443(¶ 8) (Miss.2003). The standard applicable to our review of atrial court's denial of JNOV requires that we view all evidence in the light most favorable to the State, and the State is entitled to all favorable inferences that may reasonably be drawn from the evidence. Id. According to the Mississippi Supreme Court:

The critical inquiry is whether the evidence shows beyond a reasonable doubt that [the] accused committed the act charged, and that he did so under such circumstances that every element of the offense existed; and where the evidence fails to meet this test it is insufficient to support a conviction.

Hubbard v. State, 938 So.2d 287, 289(¶ 8) (Miss.2006) (quoting Bush v. State, 895 So.2d 836, 843(¶ 16) (Miss.2005)).

¶ 8. We will reverse and render only where "the facts so considered point so overwhelmingly in favor of the appellant that reasonable men could not have arrived at a guilty verdict." Seeling, 844 So.2d at 443(¶ 8). We must affirm where there is substantial evidence of such a nature that fair-minded and reasonable jurors exercising impartial judgment might have reached different conclusions. Id.

DISCUSSION

¶ 9. Chambers argues on appeal that it was inconsistent for the jury to find him guilty of resisting arrest yet not guilty of simple assault on a law enforcement officer. According to section 97-3-7 of the Mississippi Code, a person is guilty of simple assault upon a law enforcement officer if he "attempts to cause or purposely, knowingly or recklessly causes bodily injury to . . . a law enforcement officer [who is] acting within the scope of his duty, office or employment. . . ." Miss.Code Ann. § 97-3-7 (Rev.2000).

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973 So. 2d 266, 2007 WL 2917577, Counsel Stack Legal Research, https://law.counselstack.com/opinion/chambers-v-state-missctapp-2007.