Leon Brandon a/k/a Leon Brandon, Jr. v. State of Mississippi

• Court: Court of Appeals of Mississippi
• Decided: February 7, 2023
• Docket: 2021-KA-01239-COA
• Status: Published

Opinion

IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI

NO. 2021-KA-01239-COA

LEON BRANDON A/K/A LEON BRANDON, JR. APPELLANT

v.

STATE OF MISSISSIPPI APPELLEE

DATE OF JUDGMENT: 10/05/2021 TRIAL JUDGE: HON. MICHAEL PAUL MILLS JR. COURT FROM WHICH APPEALED: MONROE COUNTY CIRCUIT COURT ATTORNEY FOR APPELLANT: OFFICE OF STATE PUBLIC DEFENDER BY: HUNTER NOLAN AIKENS ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY: ALEXANDRA RODU ROSENBLATT DISTRICT ATTORNEY: JOHN DAVID WEDDLE NATURE OF THE CASE: CRIMINAL - FELONY DISPOSITION: AFFIRMED - 02/07/2023 MOTION FOR REHEARING FILED:

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

WILSON, P.J., FOR THE COURT:

¶1. Leon Brandon was convicted of possession of a firearm by a felon and sentenced to

a term of ten years in the custody of the Department of Corrections. On appeal, Brandon’s

appointed counsel filed a Lindsey1 brief, certifying that the case presents no arguable issues

for appeal. Based on our independent review of the record, we agree that there are no

arguable issues for appeal and affirm the conviction and sentence.

FACTS AND PROCEDURAL HISTORY

¶2. Monroe County Deputy Sheriff Joseph Miller was leaving the county jail in Aberdeen

1 Lindsey v. State, 939 So. 2d 743 (Miss. 2005). on January 7, 2019, when he heard a report over his radio that a woman had been pushed or

fallen out of a maroon Dodge Charger. Miller and Deputy Sheriff Rodney Starling got in

Miller’s patrol car and drove toward the Charger’s last known location. Near the corner of

Highway 45 and South Chestnut Street, Miller saw the Charger and activated his car’s blue

lights and siren. The Charger accelerated, ran multiple red lights and stop signs, and forced

other cars off the road before turning north on Highway 45 and then west on Highway 8.

Miller estimated that the Charger exceeded 100 miles per hour during the pursuit, but he and

Starling never lost sight of the vehicle. The Charger passed an old racetrack on Highway 8,

turned right on Watkins Lane, and finally pulled off in a field north of the racetrack.

¶3. When Miller drove into the field behind the Charger, the Charger was empty, and

Brandon was running away from the vehicle. Miller pursued Brandon on foot and observed

what he believed to be a gun in Brandon’s hand. Miller drew his gun and ordered Brandon

to stop. Brandon complied and “dropped whatever he had” on the ground next to him.

Miller handcuffed Brandon and found a Taurus handgun on the ground next to him. After

Miller walked Brandon back to the patrol car, Starling advised Brandon of his rights and then

“asked him why he was driving so crazy.” Brandon stated that “he was on probation, he

hadn’t been seeing his probation officer, and . . . he had a gun in the car.”

¶4. A Monroe County grand jury indicted Brandon as a nonviolent habitual offender for

possession of a firearm by a felon, Miss. Code Ann. § 97-37-5 (Rev. 2020), and felony

fleeing, Miss. Code Ann. § 97-9-72 (Rev. 2020). Brandon pled not guilty and proceeded to

trial. The State called Miller and Starling as witnesses and then rested.

2 ¶5. Brandon testified in his own defense. He stated that on January 7, 2019, he lived on

Highway 8 near the racetrack and was walking home from his cousin’s house. He stated that

he took a shortcut on a path that ran behind the racetrack from Watkins Lane to his house.

He testified that as he stepped from the woods into the field behind the racetrack, Miller

ordered him to stop. Brandon said he was “fixing to turn around and run” because he had

not “seen [his] probation officer,” but he decided against it and stopped. Miller asked him,

“[W]here is the gun?” According to Brandon, he responded, “What gun? I don’t have a

gun.” Miller then found a gun on the ground. Brandon testified that the gun “wasn’t right

next to [him],” but it was “like a half a foot or a foot away from [him].” Brandon denied that

the gun belonged to him. He testified that his relatives use the same shortcut, implying that

someone else could have dropped the gun. He also testified that his ex-girlfriend “had a gun

like” the Taurus, but he did not know if it was the same gun. Brandon denied that he had

ever been in the maroon Charger, and he denied that he confessed to Starling.

¶6. The jury found Brandon guilty of possession of a firearm by a felon but acquitted him

of felony fleeing. After the jury was dismissed, the State established that Brandon had prior

convictions for robbery and burglary of a dwelling that satisfied the requirements of the

nonviolent habitual offender statute, Miss. Code Ann. § 99-19-81 (Rev. 2020). The court

then sentenced Brandon to serve ten years in the custody of the Department of Corrections

as a nonviolent habitual offender. As noted above, Brandon’s appointed appellate counsel

filed a Lindsey brief, certifying that the record presents no arguable issues for appeal. This

Court granted Brandon forty days to file a pro se brief, but Brandon did not do so.

3 ANALYSIS

¶7. Lindsey, 939 So. 2d at 748 (¶18), establishes the “procedure to govern cases where

appellate counsel represents an indigent criminal defendant and does not believe his or her

client’s case presents any arguable issues on appeal.” In this case, Brandon’s appointed

appellate counsel complied with that procedure and certified that there are no arguable issues

for appeal. Pursuant to Lindsey, counsel sent Brandon a copy of the brief and advised him

that he could file a pro se brief. This Court also entered an order granting Brandon time to

file a pro se brief. Brandon did not file a brief.

¶8. The State presented sufficient evidence to support Brandon’s conviction of possession

of a firearm by a felon. In addition, this Court has “conducted an independent and thorough

review of the record, and we conclude that there are no issues that warrant reversal.” Taylor

v. State, 162 So. 3d 780, 787 (¶18) (Miss. 2015). Therefore, Brandon’s conviction and

sentence are AFFIRMED.

BARNES, C.J., CARLTON, P.J., GREENLEE, WESTBROOKS, McDONALD, LAWRENCE, McCARTY, SMITH AND EMFINGER, JJ., CONCUR.